DM v Lothian NHS Board [2015] ScotCS CSOH_89 (07 July 2015)

DM v Lothian NHS Board [2015] ScotCS CSOH_89 (07 July 2015)

The court held that, in the absence of evidence and findings of fact regarding the allegations of malingering, it was reasonable in the circumstances to employ the skilled persons and granted the motion for their certification and related expenses.

Citation
[2015] ScotCS CSOH_89
Parties
Pursuer: DM; Defenders: Lothian NHS Board
Jurisdiction
Scotland
Judgment Date
07 July 2015
Procedural Posture
Personal Injury Action for Damages / Post Settlement Motion for Certification of Skilled Persons and Expenses
Outcome
Motion granted
Legal Topics
Breach of Statutory Duty, Health and Safety at Work Regulations 1999, Certification of Skilled Persons, Expenses in Litigation, Allegations of Malingering, Settlement
Personal Injury Employment Law Civil Procedure Breach of Statutory Duty Health and Safety at Work Regulations 1999 Certification of Skilled Persons Expenses in Litigation Allegations of Malingering +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

DM

Pursuer

Lothian NHS Board

Defenders

Procedural Posture

Personal Injury Action for Damages / Post Settlement Motion for Certification of Skilled Persons and Expenses

Legal Issues

  1. 1 Whether it was reasonable to employ three skilled persons for the pursuer's case under Rule of Court 42.13(A)(2)
  2. 2 Whether the defenders should be liable for expenses related to those skilled persons given allegations of malingering by the pursuer

Ratio Decidendi

The court held that, in the absence of evidence and findings of fact regarding the allegations of malingering, it was reasonable in the circumstances to employ the skilled persons and granted the motion for their certification and related expenses.

Court Disposition

Motion granted

Orders

  • Certification of the three skilled persons for expenses granted in favour of the pursuer