Tuesday, September 29th, 2026
CD & Others v Grampian Health Board [2026] CSOH 92
Compass members Steve Love K.C. and Grant Markie acted for the successful pursuers in the case of CD v Grampian Health Board. The case related to the preventable death of a five year old girl, who died as a result of a delay in investigation of her symptoms at Aberdeen Royal Infirmary. The defenders argued the the actions in respect of the father, step-mother and step-sister were time barred; and that the step-sister was not a qualifying relative within the meaning of the Damages (Scotland) Act 2011.
Lord Arthurson held that the action in respect of the father and step-mother were not time barred as they had no actual awareness, nor any objective basis upon which they could have become aware of the statutory facts. Even if the court had held that the actions were time barred, Lord Arthurson would have allowed the actions to proceed in terms of section 19A of the Prescription and Limitation (Scotland) Act 1973 (as amended). He also held that the step-sister was not a qualifying relative as she had not been “brought up in the same house” as the deceased. Lord Arthurson awarded the father £150,000 in terms of section 4(3)(b) of the Damages (Scotland) Act (inclusive of interest to the date of proof) and £75,000 to the step-mother.
A copy of the judgment can be found here.
