The client would like to know:

1. Whether BS could be considered as contributorily negligent because he was aware that JD was drunk and incapable of driving with care? and
2. If so, whether a reduction in damages of twenty per cent would be appropriate?

You are not to consider alternative options as to how BS moved in the car, as WI has instructed its own forensic team to conduct investigations, so please do not address this in your research.

I would like you to[1]:

1. research the above objective, prepare a Research Analysis Table for me; and

1. write a letter of advice to Ms Jackson answering the query above. Ms Jackson's address is: Claims Department, Whitstable Insurance, Maple House, The Drive, Whitstable, CT5 1AS

I am sorry that I am not in the office today to meet you today, but I would like you to deal with the matter below. For reference, there are no professional conduct issues arising, so do not concern yourself with this aspect at all.

Sylvia Jackson, the senior claims handler from Whitstable Insurers ("WI") telephoned yesterday about a claim she is reviewing.

Jacky Do ("JD") had an insurance policy with WI that covered his driving a three door Volkswagen Golf. On the night of 20 July 2023, he drove in his car to collect his friend Bobby Singh ("BS") from his house before collecting another friend Vincent Jacobs ("VJ") from his house.

JD drove himself and his two friends to a party at the Eatery in Guildford. All three individuals had drunk alcohol equally at the party. At around 11.30pm, they left the Eatery and walked to The Times Right nightclub, which was around the corner from the Eatery. All three friends continued drinking alcohol at The Times Right.

At around 2 am on 21 July 2023, BS was asked to leave the nightclub after knocking over a table. With the help of the bouncers, JD and VJ guided BS to JD's car and put BS in the front passenger seat where he promptly passed out.JD and VJ then went back to the night club and drank some more alcohol.They returned to the car and BS about an hour later.

VJ had left his jacket in the nightclub, so went back to get it. When he returned about fifteen minutes later, his two friends and the car had gone, so VJ took a taxi home. VJ is now overseas.

At about 3.30 am on 21 July 2023, it seems JD drove the car on the A3 in the direction of London from Guildford, crossed onto the wrong side of the road and collided with a lorry being driven in the opposite direction. JD died instantly on impact and BS suffered catastrophic brain damage.

According to the police evidence, at the time of the collision, BS must have been in the back seat of the car. BS is over 6 foot tall and of medium build. Whilst it is not entirely clear how BS moved from the front passenger seat to the back seat of the car given his frame, and it being a three door car, BS must have been aware of moving positions. BS must also have been aware that JD was drunk and incapable of driving with care, given that all three friends had been drinking together all evening.

WI is prepared to admit liability for BS' claim for damages arising from the accident.However, Ms Jackson believes that BS was contributorily negligent and any payment should be reduced by 20 per cent.

I seem to remember something in the Mental Capacity Act 2005 addressing legal authority; and the Law Reform (Contributory Negligence) Act 1945 addressing apportionment of loss.