If a police constable took control of a hazard that presented a grave and immediate risk of death or serious injury on a public road within his function under s.17(1)(a)(iii) Police (Scotland) Act 1967, then he was in a sufficiently proximate relationship with road users likely to be immediately and directly affected by that hazard as was sufficient for the purposes of the existence of a duty of care to such road users.

OH (Lord Hamilton)

26/02/1999