CONTRIBUTORY NEGLIGENCE

In GROAKE V FONTAINE (2014) EWHC 1676 (QB) Eady J allowed a last minute amendment enabling D to allege contrib. No mention of DZIENNIK V CTO in 2006 where a powerful Court of Appeal gave C a windfall of 100% damages despite finding of 60% contrib. True that in CTO contrib was not pleaded but interesting that the court did not see it wrong to make D pay more than it ought.