ARLENE CHISHOLM (AP) AGAINST GRAMPIAN HEALTH BOARD [2022] ScotSC CSOH_39 (18 May 2022)

ARLENE CHISHOLM (AP) AGAINST GRAMPIAN HEALTH BOARD [2022] ScotSC CSOH_39 (18 May 2022)

The pursuer failed to lodge expert evidence on causation despite ample opportunity and repeated court orders; without such evidence, the pleadings are irrelevant and do not provide fair notice. The action must be dismissed.

Citation
[2022] ScotSC CSOH_39
Parties
Pursuer: Arlene Chisholm; Defender: Grampian Health Board
Jurisdiction
Scotland
Judgment Date
18 May 2022
Procedural Posture
Clinical Negligence / Debate on Motion to Dismiss
Outcome
action dismissed
Legal Topics
Causation, Expert Evidence, Fair Notice, Party Litigant, Case Management
Medical Negligence Civil Procedure Causation Expert Evidence Fair Notice Party Litigant Case Management

Case Brief

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Parties

Arlene Chisholm

Pursuer

Grampian Health Board

Defender

Procedural Posture

Clinical Negligence / Debate on Motion to Dismiss

Legal Issues

  1. 1 Whether the pursuer's action should be dismissed for failure to lodge expert evidence on causation
  2. 2 Whether the pursuer's pleadings provide fair notice and are relevant

Ratio Decidendi

The pursuer failed to lodge expert evidence on causation despite ample opportunity and repeated court orders; without such evidence, the pleadings are irrelevant and do not provide fair notice. The action must be dismissed.

Court Disposition

action dismissed

Orders

  • Defender's first plea-in-law sustained
  • Action dismissed