Kay M Springham
GENERAL INFORMATION:
Standing Junior to the Scottish Ministers (2005 - date)
D.E.A. (Strasbourg) (1997)
Dip. LP (1986) (Glasgow)
Ll.B (Hons) (Glasgow) (1985)
Fluent French speaker
PRACTICE:
Before coming to the Bar Kay was a solicitor for eight years, beginning with a mixed court practice, and eventually specialising in reparation work. She enjoys the challenge of being instructed in a wide range of civil litigation. Her principal fields of practice include:-
- Personal Injury
- Professional Negligence
- Judicial Review
- Statutory Appeals
- Human Rights
Kay is regularly instructed for both sides in personal injury matters. Her recent practice has included, for example, claims for serious head injuries, accidents at work including industrial diseases such as asbestosis, mesothelioma and Hand Arm Vibration Syndrome, and stress at work claims. Kay has conducted a number of proofs and debates, as well as having settled numerous personal injury cases.
In addition, Kay has experience in handling professional negligence cases, for example, involving lawyers, doctors, dentists, and architects. In the disciplinary context, she has advised on and represented solicitors in disciplinary matters, both before the Scottish Solicitors' Disciplinary Tribunal and the Inner House of the Court of Session.
Kay has a long-standing interest in judicial review, statutory appeals and human rights matters. She has advised on and appeared in a variety of litigations in these areas. She studied human rights in Strasbourg shortly before coming to the Bar. As a Standing Junior to the Scottish Ministers, she is instructed to represent the interests of the Scottish Ministers in a range of matters, including planning appeals.
SELECTED CASES:
Personal injury
- McCondichie v Mains Medical Centre 2004 Rep. L.R. (N) 4 - claim for damages by a member of the public. The first Court of Session decision deciding on the applicability of the Workplace (Health, Safety and Welfare) Regulations 1992 to non-workers.
- Neil v East Ayrshire Council [2005] CSOH 13 - accident at work - whether defenders were at fault under various statutory cases.
- Denholm v Gates Power Transmission Ltd [2005] CSOH 102 - employers' liability claim - assessment of damages arising out of development of reflex sympathetic dystrophy.
- Lyell v Sun Microsystems BV and another 2005 SCLR 786 - whether the statutory cases (PUWER 1998 and Electricity at Work Regulations 1989) pled were relevant.
- Purdie v Glasgow City Council 2002 Rep L.R. 26 - relevancy of case under the Manual Handling Operations Regulations 1992.
Professional negligence and professional regulation
- Atwal Enterprises Ltd v Toner 2006 SLT 537 - cause of defect in artificial football pitches - whether professional negligence on part of architect - assessment of damages.
- Toner v McLeod [2006] CSOH 96 & 228 - claim of dental negligence - whether suitable to be heard by a jury.
- Tehrani v Central Council for Nursing, Midwifery and Health Visiting 2001 SC 581 - judicial review of the respondents' procedures with regard to article 6 of the European Convention on Human Rights.
- Council of the Law Society of Scotland v Hall and McPherson 2002 SC 620 & 628 - whether there had been a breach of article 6(1) of the ECHR, and the right to a hearing within a reasonable time.
- Sutherland-Fisher v Law Society of Scotland 2003 SC 562 - whether the lack of legal aid before the Scottish Solicitors' Disciplinary Tribunal was in breach of art. 6.
- McMahon and others v Council of Law Society of Scotland 2002 SC 475 - appeal to the Inner House against the decision of the Scottish Solicitors' Disciplinary Tribunal on whether sentence excessive.
Judicial review/statutory appeals/human rights
- Matthewson v Scottish Ministers 28/6/01 - judicial review of a prison governor's decision to refuse to allow legal representation in prison disciplinary proceedings.
- SD and anr. v Scottish Ministers and Falkirk Council 2003 SLT 1323 - judicial review of the Scottish Ministers' decision to refuse to allow an appeal against the decision of the Council to refuse to open a record of needs for their child.
- ICL Plastics Limited v P.F. (Glasgow) 2005 SLT 675 - judicial review of the Procurator Fiscal's decision to refuse to allow access to the petitioners' property, pending her investigation into an explosion at a plastics factory in Glasgow.
- Houston v Renfrewshire Council and Scottish Ministers (unreported, Ld Menzies, 2/2/07) - challenge to a Compulsory Purchase Order confirmed by the Scottish Ministers.
- PF (Linlithgow) v Watson 2002 SC (PC) 89 - Privy Council case - the right to a trial within a reasonable time in the context of criminal proceedings.
Other areas
- Hughes v Barratt Urban Construction (Scotland) Limited 2004 SC 445 - reclaiming motion against decision on expenses following lodging of a Tender in breach of contract case.
- Sim v Independent Insurance Co Limited 13/2/04 - proof to determine whether the pursuer was entitled to enforce a decree under the Third Party (Rights against Insurers Act) 1930.
- Galbraith v Her Majesty's Advocate 2001 SLT 465 - representing media interests where accused sought prohibition on all reporting of criminal appeal proceedings until determination of the appeal.
PUBLICATIONS AND SEMINARS:
Chapter on "Property Law" in "A Practical Guide to Human Rights Law in Scotland", General Editor, The Honourable Lord Reed.
- "Article 6 Examined" in Human Rights and UK Practice, vol 1, Issue 1
- "To Associate...or not to Associate - article 11 of the ECHR" in Human Rights and UK Practice, vol. 1, Issue 3
- "State Immunity - "What a Pity!" in Human Rights and UK Practice, Vol 3, issue 3
- "Trespassing on Human Rights? The Scottish Parliament and land reform" 1999 SLT 227
Kay has spoken at a number of conferences and seminars, primarily on human rights and personal injury issues.
PROFESSIONAL MEMBERSHIPS:
- Member of the Faculty of Advocates' Professional Negligence Group
- Member of the Faculty of Advocates' Disciplinary Investigating Committee
- Clerk to the Faculty of Advocates' Human Rights Committee