Description
This case concerned an accident in 2004. The accident occurred during the "Little the Jewellers" Speyside Stages Rally. The rally was part of the Scottish Rally Championship and the pursuer was the reigning Scottish Rally Champion. Prior to competing in the rally the pursuer, and other competitors, were able to purchase route notes, and an accompanying DVD.
The notes were for use during the rally, and the DVD in the preparatory stages.
The route notes and DVD were created and sold by the defender. Stage 6 of the rally took place through Clashindarroch Forrest. As the pursuer was proceeding through the stage he crashed. He raised an action claiming that the route notes were negligently prepared, in that they incorrectly described the angle of a bend such that the pursuer attempted to drive through it too quickly. Proof was heard on liability only. The defender's position was that the bend was correctly described and that, in any event, any incorrect assessment (being subjective) would have to be proved to the standard required in terms of Hunter v Hanley. In finding for the defenders, Lord Uist held that corner had been correctly described. He did not therefore feel that he required to address the issue of the appropriate standard of care.
Richard Pugh, of Compass Chambers, was junior counsel for the defender.
