Scotland Case Law

(First) Susan Marion Lever; (Second) Lynette Lewis; (Third) Brian Lever; (Fourth) Lennox Fitchett; (Fifth) Marcus Fitchett and (Sixth) Brian Lever against Ayrshire and Arran Health Board

Lord Harrower held that dependent relatives may recover under section 3 of the Damages (Scotland) Act 2011 where negligence materially accelerated death, even if it did not cause the death itself.

• Interpretation of section 3 of the damages (scotland) act 2011
• Acceleration of death
• Dependent relatives' claims
• Loss of life expectancy
• Statutory construction
• Damages-scotland-act-2011

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CD and others against Grampian NHS Board

Clinical negligence fatal claims: the court held the third and fourth pursuers’ claims were timeous, the sixth pursuer was ineligible, and awarded damages of £150,000 and £75,000.

• Limitation
• Time bar
• Section 19a discretion
• Fatal claims
• Eligibility of relative claimant
• Quantum of bereavement damages

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David Downie (AP) v NHS Fife Health Board

The Sheriff Appeal Court refused an appeal in a clinical negligence action, holding there was no fair notice of a negligent misdiagnosis case and no basis to exclude the defender’s expert.

• Expert witness admissibility
• Fair notice in pleadings
• Negligent misdiagnosis
• Revocation of short-term detention certificate
• Causation
• Quantum

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Joanna Cox against Optimax Clinics LTD and others (Sheriff Court Civil)

Joanna Cox against Optimax Clinics LTD and others (Sheriff Court Civil) [2026] SCGLA 43 (29 January 2026)

The sheriff held that a medical negligence claim about LASIK surgery was time barred under section 17(2)(b) of the Prescription and Limitation (Scotland) Act 1973.

• Lasik eye surgery
• Corneal ectasia
• Keratoconus
• Time bar
• Prescription and limitation (scotland) act 1973
• Awareness of injury

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David Downie (AP) against NHS Fife Health Board (Sheriff Appeal Court)

David Downie (AP) against NHS Fife Health Board (Sheriff Appeal Court) [2025] SACCIV 29 (23 September 2025)

The Sheriff Appeal Court held the first ground of appeal incompetent, refused a remit motion as incompetent, and set a procedural hearing on the remaining grounds.

• Competency of appeal
• Final judgment definition
• Acquiescence
• Doctrine of ex turpi causa non oritur actio
• Remit to inner house
• Sheriff-appeal-court

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Application for permission to Appeal to the Court of Session (Courts Reform (Scotland) Act 2014, section 113) by DS in the cause DS against NHS Grampian (Sheriff Appeal Court Civil)

Application for permission to Appeal to the Court of Session (Courts Reform (Scotland) Act 2014, section 113) by DS in the cause DS against NHS Grampian (Sheriff Appeal Court Civil) [2025] SACCIV 32 (23 September 2025)

The Sheriff Appeal Court refused permission to appeal to the Court of Session, finding no important point of principle or compelling reason and no reasonable prospect of success.

• Expert evidence
• Permission to appeal
• Negligence
• Causation
• Permission-to-appeal
• Medical-negligence

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Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil)

Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil) [2025] SACCIV 21 (16 July 2025)

The Sheriff Appeal Court refused DS’s appeal but allowed NHS Grampian’s cross-appeal, holding the radiologist was not negligent and causation was not proved.

• Duty of care
• Standard of care
• Expert evidence
• Causation
• Burden of proof
• Procedural discretion

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Marlene Simpson and another against Dumfries and Galloway Health Board (Sheriff Appeal Court Civil)

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

The Sheriff Appeal Court held that the wrongful-death medical negligence action was time-barred and refused to extend time under section 19A.

• Time-bar
• Prescription and limitation (scotland) act 1973
• Section 18(2)
• Section 19a discretion
• Medical negligence
• Wrongful death

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SD AS LEGAL REPRESENTATIVE OF LD AGAINST GRAMPIAN HEALTH BOARD

SD AS LEGAL REPRESENTATIVE OF LD AGAINST GRAMPIAN HEALTH BOARD [2024] ScotCS CSIH_7 (19 April 2024)

The Court of Session refused the reclaiming motion in a medical negligence claim over LD’s birth injuries, finding no breach by Dr Sripada or the ward round doctors and no proved causation.

• Professional negligence
• Causation
• Standard of care
• Scope of duty
• Remoteness of damage
• Medical-negligence

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ANDREW GILCHRIST AGAINST GOVAN DENTAL CENTRE AND RABIAH IQBAL

ANDREW GILCHRIST AGAINST GOVAN DENTAL CENTRE AND RABIAH IQBAL [2024] SC GLA 5 (26 January 2024)

The sheriff court dismissed a dental negligence claim, holding that the defenders did not breach the required standard of care and negligence was not proved.

• Dental negligence
• Personal injury
• Dental-negligence
• Medical-negligence
• Personal-injury
• Scottish-sheriff-court

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