ATCOs and the tort of negligence
On another thread there is talk of ATCOs owing a duty of care to pilots who, after being warned according to MATS Part 1, still put their aircraft in a potentially hazardous position.
This has set me thinking about the legal position of ATCOs - maybe one of our learned aviation lawyers that occasionally frequent this site might clarify.
Is an ATCO in discharging his professional duties subject to the Bolam test? (for non-lawyers this means roughly that he cannot be found liable for negligence if he acts in accordance with a reasonable body of professional opinion)
Or is the duty-of-care that is oft talked about in ATC circles some more specific duty written into some part of Aviation law and not in the tort of negligence?
Last edited by foghorn; 22nd Apr 2005 at 06:29.