Archie MacSporran KC

Year of Call: 1992
Silk: 2021

07739 639163
archie.macsporranqc@advocates.org.uk

Photo of Archie MacSporran KC

An extremely reliable and very experienced advocate … He specialises in clinical negligence and he has got a fantastic reputation. He is very attentive to details.

Clinical Negligence, Chambers & Partners 2022

Archie MacSporran KC has a broad experience in civil litigation, having called to the Bar in 1992. Over the last 15 years he has specialised in highly complex, large value clinical negligence cases in the Court of Session. He is described as “renowned for his prowess in cerebral palsy cases” in the Chambers Directory.

 

Clinical Negligence Cases

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.

Personal Injuries

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.

Professional 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.

Fatal Accidents Inquiries

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.

Practice Areas
Clerks

Contact our clerks

Normal business hours are 9am to 5pm, Monday to Friday.

ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (switchboard 9am to 5pm)

Alan Moffat

Advocates' Clerk

Working in Office

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Working in Office

Sheena Hume

Deputy Advocates' Clerk

Working in Office

Shawn McArthur

Deputy Advocates' Clerk

Working in Office

Kathryn Ferguson

Deputy Advocates' Clerk

Working in Office

Emma Busby

Deputy Advocates' Clerk

Working in Office
Qualifications

Professional qualifications & pre-bar experience

1991-1992: Devilling


1988-1991: Litigation solicitor, Dundas & Wilson


1987-1988: Litigation solicitor, Biggart Baillie & Gifford


1985-1987: Traineeship, Brodies


1984-1985: Dipl. Legal Practice, Edinburgh


1982-1984: LL.B, Edinburgh


1978-1982: M.A. Hons, Classics, Edinburgh

 

Appointments

Standing Junior to the Scottish Government: December 2009 to 2012


Standing Junior, DEFRA: 2000 to July 2009

Committees

Faculty Anti Money Laundering Committee: 2010 – 2019


Faculty No Blame Compensation Committee: 2016


Faculty Disciplinary Rules: Investigating Committee: 2012-2015


Faculty No Fault Compensation Committee: 2011

Presentations

Complications of Accommodation Costs – Understanding Swift v Carpenter”, Ampersand Webinar, October 2020


Gross Negligence Manslaughter: A Scottish Perspective”, British Association of Urological Surgeons Annual Conference, 2019


Periodical Payments”, Ampersand Clinical Negligence Conference, 2019


Chaired a Faculty Conference on “The Doctors’ Dilemma”, 2018


‘Patient Autonomy – materiality of risk and causation post Montgomery’, Ampersand Clinical Negligence Conference, June 2016


Co-chaired Ampersand Clinical Negligence Conference, June 2015


‘No Fault Compensation in Medical Injury’, Ampersand ‘Key’ Lecture series, March 2011

Court and Tribunal Experience

Archie’s practice is almost exclusively in the Court of Session, specialising in high value clinical negligence cases. He has experience of appearing in the Inner House and Outer House (Proofs and procedure rolls) and also in the Sheriff Court (Appeals, Proofs, Debates and Fatal Accident Inquiries) and Mental Health Tribunals (including Appeals).

Publications

MacSporran and Young: Commission and Diligence, 1995