References: [1959] 2 QB 403
Coram: McNair J
Ratio: McNair J considered that when looking at the driving of a police officer, the standard remained that of the experienced skilled and careful driver. McNair considered a submission: ‘that if the motor-cyclist had been a civilian he would undoubtedly have been guilty of some negligence in driving at 60mph, though not necessarily entirely to blame for the accident. To show that a police officer was driving at that speed on a restricted road does not prima facie show negligence’
Held: McNair J said: ‘The driver of this police motor-cycle on this occasion must be judged, as regards civil liability, in exactly the same way as any other driver of a motor-cycle in similar circumstances. He, like any other driver, owed a duty to the public to drive with due care and attention and without exposing the members of the public to unnecessary danger.’
Jurisdiction: England and Wales
This case is cited by:
- Outdated – Keyse v Commissioner of the Police for the Metropolis, Scutts CA (Bailii, [2001] EWCA Civ 715)
The court considered liability where a police car on emergency duty hit Mr Scutts causing very serious injuries. The officer appealed against a finding of liability saying that the judge had declared irrelevant the fact he was on an emergency . .
(This list may be incomplete)
Last Update: 20 April 2020
Ref: 375099 br>
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