Shane Dundas

The Eljamel Inquiry (instructed as Counsel for National Education Scotland and Healthcare Improvement Scotland in a public inquiry concerning the professional practice of a neurosurgeon at Ninewells Hospital)

Inquiry into the deaths of Sonny Campbell and Cailyn Newlands (instructed as Junior Counsel on behalf of Greater Glasgow & Clyde Health Board in this high-profile conjoined fatal accident inquiry concerning the deaths of two children at the Queen Elizabeth University Hospital)

Inquiry into the deaths of Katie Allan and William Brown (instructed as Junior Counsel on behalf of Forth Valley Health Board in this high-profile conjoined fatal accident inquiry concerning the deaths of two young persons at HMP YOI Polmont)

Inquiry into the death of Jack McKenzie (instructed as Junior Counsel on behalf of Forth Valley Health Board in this fatal accident inquiry concerning the death of a young person at HMP YOI Polmont)

Inquiry into the death of Peter Carter (instructed as Junior Counsel on behalf of Forth Valley Health Board in this fatal accident inquiry concerning the death of a person in custody. The inquiry gave rise to complex questions of medicine and treatment)

Inquiry into the death of Norman Mackenzie (instructed as Counsel for Grampian Health Board in a fatal accident inquiry relating to the death of a patient who died from injuries sustained at work) (ongoing)

Inquiry into the death of Thomas Rodger (instructed as Counsel for NHS 24 in an inquiry relating to the death of a patient) (ongoing)

Inquiry into the death of Neil Hand (instructed as Counsel for Greater Glasgow & Clyde Health Board concerning the death of a person in custody) (ongoing)

SD v Grampian Health Board (Concerned alleged obstetric negligence. Instructed as Junior Counsel on behalf of Grampian Health Board for the reclaiming motion in which the pursuer appealed the first instance decision that the Board was not liable to make reparation to her for the neurological injuries sustained by her child at around the time of his birth. The appeal was refused by the Inner House)

Peter Gasper v The Partners of Tain & Fearn Medical Practice (Concerned alleged GP negligence in failing to timeously diagnose cancer. Instructed as Junior Counsel on behalf of the medical indemnity providers of the GP practice. The pursuer claimed £2 million. The case settled for £30,000. In the reported decision on expenses, it was held that there had been an unreasonable delay in the pursuer accepting the defenders’ tender, resulting in an award of expenses to the defenders from around the date of the tender)

DS v NHS Grampian (Concerned alleged neuroradiological negligence. Instructed as Junior Counsel on behalf of Grampian Health Board. The pursuer was successful after a 12-day proof. The Board appealed the sheriff’s decision to the Sheriff Appeal Court. The decision was successfully overturned on appeal)

AR v Eljamel (Concerned the apportionment of damages between a health board and a private doctor. Instructed as Junior Counsel on behalf of Tayside Health Board. After proof, the Board was held to be 0% liable for damages and the private doctor 100% liable for damages. The private doctor appealed the decision. The appeal was refused by the Inner House)

Arlene Chisholm v Grampian Health Board (Concerned alleged negligence during the administration of a spinal anaesthetic by an anaesthetist. Instructed as Junior Counsel for Grampian Health Board. Case successfully dismissed at debate)

Petition of Health Board A (instructed as Junior Counsel on behalf of a Health Board seeking the Court of Session to authorise the medical treatment of a child in the exercise of its parens patriae jurisdiction) (unreported)

Summary Application of Dr B, Dr C and Health Board D (instructed as Counsel on behalf of two clinicians and a Health Board seeking directions from the sheriff relating to the treatment of an adult under the Adults with Incapacity (Scotland) Act 2000, s.3 (3)) (unreported)

Summary Application of Dr E and Dr F (instructed as Counsel on behalf of two clinicians seeking directions from the sheriff relating to the treatment of an adult under the Adults with Incapacity (Scotland) Act 2000, s.3 (3)) (unreported)

G v Health Board H (instructed as Counsel on behalf of a Health Board in an action for damages in which the pursuer made allegations of criminality against medical and nursing staff. Successfully obtained summary decree (dismissal of the case) on the basis that the action was an abuse of process. Finding upheld on appeal) (unreported)

I v Health Board J (instructed as Counsel on behalf of a Health Board in which a patient sued for breach of confidence alleging that confidential material about them had been leaked to the press. Case successfully dismissed at debate) (unreported)

Petition of Community Pharmacy Scotland (instructed as Junior Counsel for Fife Health Board and Lothian Health Board in this petition concerning the legality of prescription collection lockers at premises which were not included on the Boards’ pharmaceutical lists).

Shane has acted in many cases on behalf of the NMC in the Nursing & Midwifery Council Tribunal. He has also acted on behalf of healthcare professionals subject to regulatory proceedings in other tribunals.