Jackson v Murray [2015] UKSC 5

KEY POINTS

• The reduction in damages should reflect the extent to which the claimant's own actions contributed to the harm suffered.

• Section 1(1) of the Law Reform (Contributory Negligence) Act 1945 does not provide specific guidelines on how responsibility should be divided, except for the requirement that damages be reduced to a fair and equitable extent based on the claimant's share of responsibility for the damage.

FACTS

• At the age of 13, appellant Ms. Jackson was involved in a collision when she was hit by a car driven by the defendant.

• After disembarking from her school bus, which had stopped on the opposite side of the road from the farm entrance, Ms. Jackson walked between the rear of the stationary bus and the car behind it.

• She briefly paused at the rear of the bus, then took a few steps into the road, directly into the path of the defendant's oncoming car. She subsequently started running but was struck by the defendant's car, which was still travelling at around 50mph.

• The impact caused her to be thrown into the air, with the car passing underneath her before she landed on the road. As a result, Ms. Jackson suffered severe injuries.

COMMENTARY

• The judgement in Jackson v Murray reinforces the principle that a claimant's own negligence does not automatically absolve the defendant of liability but should be taken into account when determining the damages awarded.

• The decision emphasises the need for a fair and proportionate assessment of the claimant's contribution to the harm suffered and underscores the court's role in achieving a just outcome in such cases.