David Downie (AP) against NHS Fife Health Board (Sheriff Appeal Court) [2025] SACCIV 29 (23 September 2025)

David Downie (AP) against NHS Fife Health Board (Sheriff Appeal Court) [2025] SACCIV 29 (23 September 2025)

The Sheriff Appeal Court has no statutory power to review its own prior appellate decisions within the same proceedings, and the first ground of appeal seeking such review is incompetent. The appeal was lodged timeously as final judgment only occurred when expenses were determined. There was no acquiescence by the appellant in moving for expenses.

Citation
[2025] SACCIV 29
Parties
Pursuer and Appellant: David Downie (AP); Defender and Respondent: NHS Fife Health Board
Jurisdiction
Scotland
Judgment Date
23 September 2025
Procedural Posture
Civil Appeal / Appeal Against Sheriff's Judgment and Prior Appellate Decision
Outcome
First ground of appeal refused as incompetent; motion to remit to Inner House refused as incompetent; procedural hearing assigned for remaining grounds and expenses.
Legal Topics
Competency of Appeal, Final Judgment Definition, Acquiescence, Doctrine of Ex Turpi Causa Non Oritur Actio, Remit to Inner House
Civil Procedure Medical Negligence Competency of Appeal Final Judgment Definition Acquiescence Doctrine of Ex Turpi Causa Non Oritur Actio Remit to Inner House

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Parties

David Downie (AP)

Pursuer and Appellant

NHS Fife Health Board

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal Against Sheriff's Judgment and Prior Appellate Decision

Legal Issues

  1. 1 Whether the appeal was lodged timeously under the Courts Reform (Scotland) Act 2014 and SAC Rules
  2. 2 Whether the appellant acquiesced in the sheriff's decision by moving for expenses
  3. 3 Whether it is competent for a larger bench of the Sheriff Appeal Court to review its own prior decision within the same proceedings

Ratio Decidendi

The Sheriff Appeal Court has no statutory power to review its own prior appellate decisions within the same proceedings, and the first ground of appeal seeking such review is incompetent. The appeal was lodged timeously as final judgment only occurred when expenses were determined. There was no acquiescence by the appellant in moving for expenses.

Court Disposition

First ground of appeal refused as incompetent; motion to remit to Inner House refused as incompetent; procedural hearing assigned for remaining grounds and expenses.

Orders

  • First ground of appeal refused as incompetent
  • Motion to remit to Inner House refused as incompetent