Archie MacSporran KC

H v Health Board – current
Instructed as lead counsel for defender in a cerebral palsy case involving obstetric practice over 20 years ago.

W v Health Board – current
Acting with senior for defender in a unique cerebral palsy case where the negligence claimed relates to an alleged failure to elicit a previous colposcopy at an early pregnancy booking visit.

S v Health Board- settled March 2022
Acted as lead counsel for defender in a case against a cardiac surgeon and scrub nurse relating to the loss of a lower limb during 20 hour, life-saving cardiac surgery and involving issue as to whether state of the art prosthetics should be funded privately or through the NHS.

M v Health Board – abandoned 2021
Acted as lead counsel for a defender in a case relating to consent and respective duties of mainland and island psychiatric teams for depot treatment and monitoring.

R v Health Board – abandoned 2021
Acted as lead counsel for defender in a case relating to the loss of a lower limb following surgery to drain an abscess.

J v Health Board – settled 2021
Acted as lead counsel for defender in a consent case against neuroradiologists and a neurosurgeon concerning treatment of a brain malformation.

M v Health Board – settled 2021
Acted as lead counsel for defender in a highly complex and tragic infant death, involving multiple injuries to the mother and a secondary victim claim by the father.

M v Health Board – settled 2021
Acted as lead counsel for a defender in a very complex cauda equina case with multiple defenders.

S v Health Board – settled 2020
Acted as junior for defender in cerebral palsy case, including drafting Periodical Payment Agreement.

B v Health Board – abandoned 2020
Acted as lead counsel for defender in action by family against the board’s observation policies in psychiatric hospitals following a patient suicide.

M v Health Board – settled 2018
Acted as junior for defenders in an extremely complicated cerebral palsy case, including drafting the Periodical Payment Agreement.

Bruce v Tayside Health Board [2017] CSOH123
Acted as lead counsel for defender in a causation proof following a death after admission to hospital. Absolvitor granted. The Lord Ordinary commended counsel “for their exemplary preparation for and conduct of the case”.

Glancy v Southern General Hospital NHS Trust [2013] CSOH 35 
Acted as junior for defenders in 4 week proof concerning tetraplegia following spinal surgery. Absolvitor granted.

G v Greater Glasgow Health Board [2013] CSOH 145
Acted as junior for defenders in 4½ week cerebral palsy proof. Absolvitor granted.

Dineley v Lothian Health Board [2007] CSOH 154
Acted as junior for defenders in cerebral palsy proof. Absolvitor granted.

Bowes v Highland Council  [2017] CSOH 53
Appeared in a 3 week proof as lead counsel for a widow (other pursuers separately represented) of a driver who drowned when his vehicle broke through a bridge parapet. Over 45 authorities were produced and the court was addressed on “pure omission” cases, whether any duty of care existed and the appropriate standard of care. Decree granted in favour of pursuers with no finding of contributory negligence.
Also appeared as lead counsel in the reclaiming motion in successful defence of primary liability. Reduction of only 25% for contributory negligence.

Wright v Paton Farrell 2006 CSIH 7 (1st div)
Appeared as junior for a reclaimer/pursuer, who claimed that he did not receive a fair trial due to his solicitor’s defective representation at trial. Defenders relied on immunity from suit. Spoke for 4/11 days on immunity, abuse of process and miscarriage of justice appeals. Also discussion of leading appellate decisions in Australia, New Zealand, Canada and USA.

Fraser (current)
Acting for a health board in an Inquiry as to whether a failure to prescribe thromboprophylaxis post-operatively caused a DVT and pulmonary embolism leading to death

Banner [2020] FAI 18
Acted for a health board in a 7 day Inquiry concerning suicide following police custody and imprisonment.

Straker, 2012
Acted for health board in a 9 day Inquiry into post-operative hospital transfers.