ANN MCDERMOTT v. DR COLIN GUTHRIE AND ANOTHER [2013] ScotSC 98 (20 December 2013)

ANN MCDERMOTT v. DR COLIN GUTHRIE AND ANOTHER [2013] ScotSC 98 (20 December 2013)

The pursuer's pleadings failed to articulate a relevant case on causation, as they did not explain why a review or admission on 11 January 2006 would have achieved what was not achieved on 12 January 2006. The sheriff erred in allowing proof, as the defect was fundamental and insuperable. The action was therefore dismissed.

Citation
[2013] ScotSC 98
Parties
Pursuer: Ann McDermott; First Defender: Dr Colin Guthrie
Jurisdiction
Scotland
Judgment Date
20 December 2013
Procedural Posture
Civil Appeal (professional Negligence) / Appeal Against Interlocutors and Dismissal of Action
Outcome
Appeal allowed in part; action dismissed; expenses awarded to first defender against pursuer.
Legal Topics
Professional Negligence, Causation, Pleadings, Expenses
Medical Negligence Civil Procedure Professional Negligence Causation Pleadings Expenses

Case Brief

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Parties

Ann McDermott

Pursuer

Dr Colin Guthrie

First Defender

Procedural Posture

Civil Appeal (professional Negligence) / Appeal Against Interlocutors and Dismissal of Action

Legal Issues

  1. 1 Whether the pursuer's pleadings disclosed a relevant case on causation sufficient to proceed to proof
  2. 2 Whether the sheriff erred in allowing the case to proceed to proof despite deficiencies in the pursuer's averments
  3. 3 Whether expenses should be awarded against the pursuer's agents personally

Ratio Decidendi

The pursuer's pleadings failed to articulate a relevant case on causation, as they did not explain why a review or admission on 11 January 2006 would have achieved what was not achieved on 12 January 2006. The sheriff erred in allowing proof, as the defect was fundamental and insuperable. The action was therefore dismissed.

Court Disposition

Appeal allowed in part; action dismissed; expenses awarded to first defender against pursuer.

Orders

  • Adheres to the sheriff's interlocutor dated 11 March 2013.
  • Recalls the sheriff's interlocutor dated 31 May 2013.