Winnick v Dick [1983] ScotCS CSIH_1 (22 November 1983)

Winnick v Dick [1983] ScotCS CSIH_1 (22 November 1983)

The Court held that, even if volenti non fit injuria was established on the facts, section 148(3) of the Road Traffic Act 1972 precluded the defence from negativing the defender's liability to the pursuer. The public policy defence was not available due to lack of proper pleadings and evidence.

Citation
[1983] ScotCS CSIH_1
Parties
Pursuer: Winnick; Defender: Dick
Jurisdiction
Scotland
Judgment Date
22 November 1983
Procedural Posture
Delict/reparation (personal Injury) / Appeal From Sheriff Principal to Court of Session (inner House)
Outcome
Appeal refused; interlocutor of the Sheriff Principal affirmed.
Legal Topics
Volenti Non Fit Injuria, Contributory Negligence, Public Policy in Tort, Statutory Interpretation, Road Traffic Act 1972 S.148(3)
Tort/delict Personal Injury Road Traffic Law Volenti Non Fit Injuria Contributory Negligence Public Policy in Tort Statutory Interpretation Road Traffic Act 1972 S.148(3)

Case Brief

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Parties

Winnick

Pursuer

Dick

Defender

Procedural Posture

Delict/reparation (personal Injury) / Appeal From Sheriff Principal to Court of Session (inner House)

Legal Issues

  1. 1 Whether the defence of volenti non fit injuria is available to the defender in a road traffic accident where the pursuer knowingly accepted a lift from a drunk driver
  2. 2 Whether section 148(3) of the Road Traffic Act 1972 precludes the operation of volenti non fit injuria in such circumstances
  3. 3 Whether public policy precludes recovery of damages by a participant in an alleged joint criminal enterprise

Ratio Decidendi

The Court held that, even if volenti non fit injuria was established on the facts, section 148(3) of the Road Traffic Act 1972 precluded the defence from negativing the defender's liability to the pursuer. The public policy defence was not available due to lack of proper pleadings and evidence.

Court Disposition

Appeal refused; interlocutor of the Sheriff Principal affirmed.

Orders

  • The appeal is refused.
  • The interlocutor of the Sheriff Principal dated 6 March 1981 is affirmed.