Holdich v Lothian Health Board [2013] ScotCS CSOH_197 (19 December 2013)

Holdich v Lothian Health Board [2013] ScotCS CSOH_197 (19 December 2013)

The court held that the pursuer's claim in delict for 'pure' mental injury caused by negligent out-of-body damage to sperm is apt for proof and cannot be rejected at this stage. The property-contract claim, though not necessarily sound as currently presented, should also be remitted for proof, as the issues are novel and important in a developing area of law. The defenders' preliminary plea is reserved, and proof of the parties' averments is allowed before final determination of the legal questions.

Citation
[2013] ScotCS CSOH_197
Parties
Pursuer: Richard Holdich; Defenders: Lothian Health Board
Jurisdiction
Scotland
Judgment Date
19 December 2013
Procedural Posture
Civil (delict/contract/personal Injury) / Debate on Preliminary Plea (procedure Roll)
Outcome
Defenders' preliminary plea reserved; proof before answer allowed on all averments.
Legal Topics
Negligence, Mental Injury, Loss of Autonomy, Ownership of Human Tissue, Breach of Contract, Breach of Statutory Duty, Cryogenic Storage, Damages for Distress
Medical Law Personal Injury Property Law Contract Law Delict (tort) Negligence Mental Injury Loss of Autonomy +5 more

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Parties

Richard Holdich

Pursuer

Lothian Health Board

Defenders

Procedural Posture

Civil (delict/contract/personal Injury) / Debate on Preliminary Plea (procedure Roll)

Legal Issues

  1. 1 Whether damage to stored sperm constitutes personal injury, property damage, or a novel category
  2. 2 Whether mental injury (distress, depression) consequent on damage to stored sperm is compensable in law
  3. 3 Whether 'loss of autonomy' is a compensable head of claim

Ratio Decidendi

The court held that the pursuer's claim in delict for 'pure' mental injury caused by negligent out-of-body damage to sperm is apt for proof and cannot be rejected at this stage. The property-contract claim, though not necessarily sound as currently presented, should also be remitted for proof, as the issues are novel and important in a developing area of law. The defenders' preliminary plea is reserved, and proof of the parties' averments is allowed before final determination of the legal questions.

Court Disposition

Defenders' preliminary plea reserved; proof before answer allowed on all averments.

Orders

  • Allow parties a proof of their respective averments before answer.
  • Reserve the defenders' preliminary plea.