15 October, 2025

Peter Gasper v The Partners Of Tain & Fearns Medical Practice and another [2025] CSOH 96

This was a clinical negligence, QOCS case in the Court of Session in which the pursuer accepted a tender after an 8 month delay.  The defenders moved for the expenses of process from the date of the tender under RCS 41B.2(2)(b) on the ground of unreasonable delay. Although there has been much judicial consideration of the QOCS provisions in the sheriff court, there has been little on this specific issue and none in the court of session. Lord Braid provides some helpful comments on the factors he considered relevant in assessing delay, but also on the operation of the 75% cap rule under RCS 41B.3 (2)(b).

Ampersand’s Simon Bowie KC appeared for the defender.

Lord Braid’s Opinion can be viewed here.

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