Kay Springham QC

Year of Call 1999 Year of Silk 2016

"a well-respected advocate who is a pleasure to work with and always well prepared." - Chambers UK Bar 2020

Kay’s principal fields of practice include Personal Injury, Clinical/Professional Negligence, Statutory Appeals, Judicial Review and 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 and for catastrophic injuries, fatal claims, stress at work claims and accidents at work, including industrial diseases. Kay has conducted numerous proofs, debates and appeals, as well as having settled many personal injury cases.

In addition, Kay has experience in handling professional negligence cases, for example, involving lawyers, doctors, midwives, 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. As a Board member of the Scottish Legal Complaints Commission, Kay determines the eligibility of complaints as well as chairing committees which decide on inadequate professional service complaints. She is a legal chair of the Fitness to Practice Panels of the Scottish Social Services Council (which regulates social workers and social care workers).

Representative Cases

 

  • Anderson v Imrie [2018] CSOH 79; [2016] CSOH 171 – reclaiming motion following proof on liability and quantum – whether defenders were occupiers – whether defenders breached common law duty of care when child sustained head injury.

  • Grubb v Finlay – [2017] CSOH 81 – minor RTA allegedly causing chronic pain disorder – proof and motion to dismiss case on basis of ‘fundamental dishonesty’.

  • David T Morrison Ltd v ICL 2014 SC (UKSC) 222 – whether action raised more than 5 years after explosion damaging property had prescribed – correct interpretation of s 11 (3) of the Prescription and Limitation (Scotland) Act 1973.

  • Khan v General Pharmaceutical Council [2016] UKSC 64 – appointed as amicus curiae – professional regulators’ powers of sanction – whether it (or Inner House) had erred in law – whether sanction imposed was excessive and disproportionate.

  • AA, Petitioner [2018] CSOH 81 - judicial review of the failure of the UK government to give Employment Tribunals the power to grant diligence on the dependence – whether breach of EU principles of effectiveness and/or equivalence.

  • Trump International Golf Club Sc Ltd v Scottish Ministers2016 S.C. (U.K.S.C.) 25 - whether Scottish Ministers had no power under the Electricity Act 1989 to grant consent to windfarm application - whether condition of consent void for uncertainty.

  • O’Neill and Lauchlan v Scottish Ministers 2015 SLT 811 & 820 – judicial review petition where same-sex prisoners sought inter-prison visits – Articles 8 and 14 of the Convention – legality of prison rules.

  • Vale of Leven Hospital public inquiry – 2010 - 12 – representing the interests of Scottish Ministers in a public inquiry into the death/illness of patients who suffered from a hospital acquired infection (C. Diff).

Contact Us

  • Compass Chambers
    Parliament House
    Edinburgh
    EH1 1RF