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).
Vale of Leven Hospital public inquiry – junior counsel for Scottish Ministers in inquiry into outbreak of Clostridium difficile.
Apollo Engineering v James Scott Ltd – appointed as amicus curiae where lay individual sought to represent limited company. Issues under article 6 of the European Convention on Human Rights.
David T Morrison & Co Ltd v ICL Plastics Ltd – claim for reparation arising out of explosion at factory causing damage to neighbouring building; whether claim prescribed.
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