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Yes, Richard, that first proposition of yours is correct. There is a positive obligation, sanctioned by the criminal law, to stop and help and injured party. I shall have to look into the other scenarios you mention. There certainly are in general terms a lot of positive obligations enforced by the criminal code.

If you watch Lord Newburger give his judgment he admits that the HofL/Sc has in the past got this wrong. Well, got it differently anyway from Thursday's decision. One might discuss who was right and who was wrong...