Lord Atkin commented that he did "not think a more important problem has occupied your Lordships in your judicial capacity, important both because of its bearing on public health and because of the practical test which it applies to the system under which it arises". He agreed with counsel, based on his own research, that Scots and English law were identical in requiring a duty of care for negligence to be found and explained his general neighbour principle on when that duty of care arises.