McLelland & Anor v Greater Glasgow Health Board [2001] ScotCS 53 (7 March 2001)

McLelland & Anor v Greater Glasgow Health Board [2001] ScotCS 53 (7 March 2001)

The defenders are not liable for the ordinary costs of maintaining the child (excluding costs attributable to disability), following the principles in McFarlane v Tayside Health Board. Solatium is recoverable by both parents as direct victims. Damages for care and maintenance after age 40 and for wage loss are matters of fact and broad judicial discretion and were properly awarded by the Lord Ordinary.

Citation
[2001] ScotCS 53
Parties
Pursuer and Respondent: Margaret McLelland; Pursuer and Respondent: Gerard McLelland; Defender and Reclaimer: Greater Glasgow Health Board
Jurisdiction
Scotland
Judgment Date
07 March 2001
Procedural Posture
Reclaiming Motion (appeal) in Civil Damages Action / Inner House, Court of Session (appeal From Lord Ordinary)
Outcome
Reclaiming motion allowed in part; ordinary maintenance damages disallowed; other awards affirmed.
Legal Topics
Wrongful Birth, Pure Economic Loss, Duty of Care, Damages for Care and Maintenance, Solatium, Assumption of Responsibility
Medical Negligence Tort/delict Damages Wrongful Birth Pure Economic Loss Duty of Care Damages for Care and Maintenance Solatium +1 more

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Parties

Margaret McLelland

Pursuer and Respondent

Gerard McLelland

Pursuer and Respondent

Greater Glasgow Health Board

Defender and Reclaimer

Procedural Posture

Reclaiming Motion (appeal) in Civil Damages Action / Inner House, Court of Session (appeal From Lord Ordinary)

Legal Issues

  1. 1 Whether the defenders are liable for solatium to the father (Mr. McLelland)
  2. 2 Whether damages for ordinary maintenance costs of a disabled child are recoverable
  3. 3 Whether damages for care and maintenance after age 40 are recoverable

Ratio Decidendi

The defenders are not liable for the ordinary costs of maintaining the child (excluding costs attributable to disability), following the principles in McFarlane v Tayside Health Board. Solatium is recoverable by both parents as direct victims. Damages for care and maintenance after age 40 and for wage loss are matters of fact and broad judicial discretion and were properly awarded by the Lord Ordinary.

Court Disposition

Reclaiming motion allowed in part; ordinary maintenance damages disallowed; other awards affirmed.

Orders

  • Award of £117,139 to Mrs. McLelland (first conclusion) affirmed.
  • Award of £5,697 to Mr. McLelland (second conclusion) affirmed.