Marlene Simpson and another against Dumfries and Galloway Health Board (Sheriff Appeal Court Civil) [2025] SACCIV 12 (28 April 2025)

Marlene Simpson and another against Dumfries and Galloway Health Board (Sheriff Appeal Court Civil) [2025] SACCIV 12 (28 April 2025)

The appellants were, by 21 September 2019, aware or ought reasonably to have been aware that Mr Crossan's death was capable of being attributed to the acts or omissions of the respondent. The action was therefore time-barred when raised. The sheriff did not err in refusing to exercise discretion under section 19A, as the appellants failed to provide a cogent explanation for the delay, and the equities were balanced between the parties.

Citation
[2025] SACCIV 12
Parties
Pursuer and Appellant: Marlene Simpson; Pursuer and Appellant: Faye Anne Campbell; Defender and Respondent: Dumfries and Galloway Health Board
Jurisdiction
Scotland
Judgment Date
28 April 2025
Procedural Posture
Civil Appeal / Appeal From Preliminary Proof Decision on Time Bar and Section 19 a Discretion
Outcome
Appeal refused; sheriff's interlocutors adhered to.
Legal Topics
Time Bar, Prescription and Limitation (scotland) Act 1973, Section 18(2), Section 19 a Discretion, Medical Negligence, Wrongful Death
Civil Procedure Medical Negligence Limitation of Actions Time Bar Prescription and Limitation (scotland) Act 1973 Section 18(2) Section 19 a Discretion Wrongful Death

Case Brief

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Parties

Marlene Simpson

Pursuer and Appellant

Faye Anne Campbell

Pursuer and Appellant

Dumfries and Galloway Health Board

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Preliminary Proof Decision on Time Bar and Section 19 a Discretion

Legal Issues

  1. 1 Whether the appellants' action was time-barred under section 18(2) of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the sheriff erred in refusing to exercise discretion under section 19A to allow the action to proceed out of time

Ratio Decidendi

The appellants were, by 21 September 2019, aware or ought reasonably to have been aware that Mr Crossan's death was capable of being attributed to the acts or omissions of the respondent. The action was therefore time-barred when raised. The sheriff did not err in refusing to exercise discretion under section 19A, as the appellants failed to provide a cogent explanation for the delay, and the equities were balanced between the parties.

Court Disposition

Appeal refused; sheriff's interlocutors adhered to.

Orders

  • Appeal refused
  • Sheriff's interlocutors of 26 June and 22 July 2024 adhered to