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
The pursuer claimed damages for catastrophic injuries as a result of having been run over by the first defender. The Pursuer was lying in the road (at night) and intoxicated when the accident occurred. The first defender had not seen him. A Proof proceeded on liability only in 2020. The defenders had been ordained to lead at proof, the first defender having pled guilty to careless driving. The defenders were successful. The Pursuer reclaimed against that decision. The Inner House held that the Lord Ordinary had erred in law by failing to apply the reverse onus correctly. He had also failed to consider relevant evidence, had misunderstood the evidence of the principal witnesses, and had taken into account opinion evidence which ought to have been excluded as inadmissible. Kate was instructed as Junior Counsel at both the Proof and the Reclaiming Motion.
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.
FAI Ann Margaret Drummond [2024] FAI 13
Acted for Lothian Health Board, following the death of Ms Drummond in 2019 as a result of being assaulted by Kevin Marks, who was not criminally responsible for his conduct due to mental disorder at the time of the incident. The inquiry was convened to examine Kevin Marks' contacts with Police Scotland and NHS Lothian prior to the incident, and to establish whether there were missed opportunities to intervene whereby steps might have been taken to avoid the death.
FAI Warren George Fenty [2024] FAI 14
Acted for the family of Mr Fenty, who died in 2014 whilst in police custody following discharge from hospital after treatment for an apparent overdose. There was inordinate delay between the death and the conclusion of the FAI, as a result of delays on the part of the Crown in investigating and commencing the FAI, and the failure of the presiding Sheriff to issue the determination following conclusion of the evidence in February 2022. The Sheriff Principal at Aberdeen had to take the unprecedented step of taking over the inquiry after the evidence had concluded. His determination was issued on 10 May 2024.
