News
10 September, 2026
David Downie v Fife Health Board
Ampersand’s James McConnell K.C. acted for the defenders in the latest round of this long-running litigation. The case came before the Sheriff Appeal Court for determination of what remained of the appeal (part of it having been refused as incompetent).
The residue of the appeal was refused. The Sheriff Appeal Court concluded that the pursuer’s pleadings did not allow him to lead evidence about a case of negligent misdiagnosis, and rejected his criticisms in relation to expert evidence, describing the Sheriff’s approach as unimpeachable.
The Opinion of the Sheriff Appeal Court can be found here.
