The Scottish Ministers against Donald Leggat and The Scottish Ministers against Gabrielle Griffin (Court of Session) [2026] CSOH 9 (06 February 2026)

The Scottish Ministers against Donald Leggat and The Scottish Ministers against Gabrielle Griffin (Court of Session) [2026] CSOH 9 (06 February 2026)

The court held that the proper construction of the bursary contracts required the 80% NHS earnings threshold to be met in each relevant year of the commitment period, not in aggregate. 'NHS earnings' referred to earnings from services remunerated under the Statement of Dental Remuneration, not all work for NHS-registered patients. Repayment obligations were proportionate to the period of non-compliance, as indicated by the SAAS website and the parties' understanding. The Ministers' claims were not prescribed, as the obligation arose at the end of each year of non-compliance and the actions were raised within five years. The contra proferentem principle did not alter the outcome as the...

Citation
[2026] CSOH 9
Parties
Pursuer: The Scottish Ministers; Defender: Donald Leggat; Defender: Gabrielle Griffin
Jurisdiction
Scotland
Judgment Date
06 February 2026
Procedural Posture
Commercial Action (test Cases) / Opinion and Final Judgment After Full Hearing
Outcome
Decree granted for the pursuers.
Legal Topics
Interpretation of Student Bursary Contracts, Repayment Obligations for Breach of Service Conditions, Prescription and Limitation of Actions, Contra Proferentem Rule, Calculation of Nhs/private Earnings for Dentists
Contract Law Administrative Law Education Law Health Law Interpretation of Student Bursary Contracts Repayment Obligations for Breach of Service Conditions Prescription and Limitation of Actions Contra Proferentem Rule +1 more

Case Brief

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Parties

The Scottish Ministers

Pursuer

Donald Leggat

Defender

Gabrielle Griffin

Defender

Procedural Posture

Commercial Action (test Cases) / Opinion and Final Judgment After Full Hearing

Legal Issues

  1. 1 Proper construction of 'NHS earnings' and 'total earnings' in dental bursary contracts
  2. 2 Whether repayment obligation is triggered by year-by-year or aggregate assessment
  3. 3 Whether repayment is in whole or proportionate part

Ratio Decidendi

The court held that the proper construction of the bursary contracts required the 80% NHS earnings threshold to be met in each relevant year of the commitment period, not in aggregate. 'NHS earnings' referred to earnings from services remunerated under the Statement of Dental Remuneration, not all work for NHS-registered patients. Repayment obligations were proportionate to the period of non-compliance, as indicated by the SAAS website and the parties' understanding. The Ministers' claims were not prescribed, as the obligation arose at the end of each year of non-compliance and the actions were raised within five years. The contra proferentem principle did not alter the outcome as the...

Court Disposition

Decree granted for the pursuers.

Orders

  • Dr Leggat ordered to pay £6,000 plus interest to the Scottish Ministers.
  • Dr Griffin ordered to pay £9,600 plus interest to the Scottish Ministers.