Kate Bennett

Year of Call 2014

"Kate remains calm in the face of a storm. An eloquent and persuasive advocate." - Legal 500 UK Bar 2023

"Kate is very focused. She is very able in dealing with medical evidence and experts." "Kate provides practical, well thought out and reasoned advice. She is very empathetic with witnesses." "She is hard-working and has high attention to detail." - Chambers UK 2023

Kate has a busy and varied reparation practice with a particular emphasis on clinical negligence, disease and complex personal injury cases.  

She has a particular interest in clinical negligence and catastrophic cases. She regularly appears in the Court of Session and ASPIC.  She is also very experienced in conducting Fatal Accident Inquiries.

Kate is regularly instructed for both pursuers and defenders in all areas of personal injury litigation, including road traffic, employers and public liability as well as product liability cases. She is the Faculty of Advocates representative on the ASPIC Personal Injuries User Group.

Representative Cases

Norman Adamson v Highland Health Board [2022] EDIN 41
In this clinical negligence action, Kate represented the defenders who were successful following Proof.  The pursuer alleged negligence on the part of a urology nurse specialist and general surgeon in relation to his intravesical BCG treatment for bladder cancer, which he claimed caused him to develop BCG-osis (a rare complication).  The pursuer failed to prove his case on both breach of duty and causation.  

Cameron v Swan [2021] CSIH 30
Junior counsel for defenders in unusual road traffic case.  The first defender ran over pursuer who was lying in the road (at night) and who he had not seen.  Proof on liability only.  Complex evidence in relation to conspicuity, perception and psychological factors.  The defenders were ordained to lead at proof.  They were successful. The pursuer has lodged a reclaiming motion and appeal hearing dates are to be assigned in March 2021.

Agnes Mitchell v NHS Borders ASPIC, February 2020 unreported, (Sheriff Liddle)
Acted for defenders in employers liability claim.  Nurse claimed damages following assault by patient who suffered from dementia.  Defenders were successful at proof.

Lorna McGinlay or McLean & ors v Fairfield Shipbuilding and Anr [2019] CSOH 33 
Acted for one of the defenders in fatal claim arising from mesothelioma. Opposed motion for jury trial. Defenders argued that the pursuer’s right to jury trial was precluded by  section 22(4) of the Prescription and Limitation (Scotland) Act 1973 

AH v Greater Glasgow Health Board, SR v Johnson & Johnson Medical Ltd, YT v Spire Healthcare Ltd, EN v Greater Glasgow Health Board 2018 SLT 535 
Debate on procedure roll. Acting as one of three junior counsel for pursuers in four lead cases arising out of use of vaginal mesh products.    

Kennedy v Mackenzie [2017] CSOH 118 
Acted as junior counsel for the defender in fatal claim arising from a road traffic accident.  The defender lost control of her car and as a result a passenger in the vehicle, died.  The defender failed to establish that her loss of control was caused by something other than her own negligence (the defender’s position was that the accident was caused by the condition of the road).

Dewar v Scottish Borders Council [2017] CSOH 68
Acted as junior counsel for pursuer who suffered severe injury following fall from his motorbike after it skidded on a damaged road surface.  The roads authority (defenders) were successful, the pursuer failed to prove that the damaged road surface constituted a significant hazard.

FAI Rachel Cassells [2017] FAI 12
Acted for the driver of a coach, which ran over Mrs Cassells in the car park at Trossachs Woollen Mill.

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  • Compass Chambers
    Parliament House
    EH1 1RF