Date: Thu, 28 Aug 2008 14:20

From: Martin Hogg

Subject: Duty of care owed by learner drivers - HCA overturns Cook

Nettleship has been cited approvingly before the Scottish Courts in relation to comments made in it on the issue of volenti non fit injuria: see the major tobacco liability case of McTear v Imperial Tobacco [2005] CSOH 69).

More to the point in relation to the specific issue raised in Imbree v McNeilly of the duty of care owed by a learner driver, Nettleship's view on this point was specifically applied by the Inner House of the Court of Session in its decision in Dumfries & Galloway Regional Council v Beattie (unreported, 1982 - available on Lexis), in which the Lord Justice Clerk (Wheatley) said of Nettleship that "in my view the law there expressed also represents the law of Scotland".

Martin Hogg

Dr Martin A Hogg, LLB, LLM, PhD, FRSA
Director of Teaching
The School of Law
The Old College
University of Edinburgh
EH8 9YL
Scotland

Homepage: http://www.law.ed.ac.uk/staff/martinhogg_45.aspx

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