News
7 May, 2025
Marlene Simpson & Faye Anne Campbell v Dumfries & Galloway Health Board
Ampersand’s Scott Clair acted as sole counsel for the defender and respondent health board in this appeal (having also appeared at first instance), in relation to whether a fatal claim for clinical negligence was time-barred due to the operation of the Prescription and Limitation (Scotland) Act 1973, and, in the event the claims were found to be time-barred, whether the court ought to exercise its equitable discretion to allow the pursuers and appellants to bring their claims albeit late.
The case was tragic and involved the suicide of a young man. The pursuers argued that nurses employed by the defender and respondent had negligently assessed the deceased earlier on the day that he died, which led to his death. They went on to make a formal complaint to the defender and respondent shortly after the deceased’s death and, where that was not upheld, to the Scottish Public Services Ombudsman (‘SPSO’). The SPSO did not produce its decision until more than three years following the date of the deceased’s death. The pursuers argued that, whilst they were ‘suspicious’ of negligence on the part of the nurses, the three-year limitation period did not commence until the date on which they received the SPSO decision.
The defender and respondent were successful at first instance before Sheriff Fife. He found that the pursuers’ claims were time-barred as they knew all they required to know for the three year period to commence at the time they made a formal complaint to the health board, and, that in the circumstances it was not equitable to allow them to bring their claims late. The pursuers appealed both parts of that decision and the Sheriff Appeal Court have now dismissed the appeal in its entirety.
The judgment of the Sheriff Appeal Court can be found here.