Vinit Khurana KC is the only practising member of the Scottish Bar dually qualified in law and medicine. He has the unique distinction of having practised as a medical General Practitioner for over a decade as well as being an Advocate since 1999. He took silk in 2018.
Vinit has a wide ranging practice involving both appearance and advisory work. He has experience of acting for and against private individuals and corporations. He also has experience of acing for and against public bodies. He regularly acts for and against health boards in professional negligence and personal injury cases.
Vinit specialises in all aspects of Medical Law including clinical negligence, judicial review, professional disciplinary matters, regulatory work and mental health. He is one of the most experienced practitioners at the Scottish Bar in relation to Fatal Accident Inquiries having appeared at over 20 such Inquiries since 2000. Since calling in 1999 his medical knowledge has proven to be a valuable asset in a wide variety of cases. His instructions have encompassed both civil and criminal work. Examples of the breadth of his instructions include: fraud cases brought by Health Boards against Optometrists before the NHS Tribunal; the chairing of the NHS Classification Appeal Committee in respect of disciplinary matters; appearances on behalf of the National Appeal Panel in judicial review petitions for entry to the pharmaceutical list; and advisory work in connection with many other matters related to the provision of healthcare including competition law issues in the provision of dispensing services by pharmacists and GPs, optometric and pharmaceutical services regulation, contractual arrangements between Health Boards and GP primary care providers, mental health matters and ECHR issues in the areas of organ donation and treatment refusal.
Vinit was the Chair of the Faculty of Advocates Sub-Committee which responded to the Scottish Government’s consultation on the reform of mental health legislation. He has also responded on behalf of the Faculty of Advocates to Scottish Government consultations on organ donation and transplant. He is currently a member of the Faculty Committee that oversees all of the Faculty’s responses to Scottish Government consultations.
Throughout his career Vinit has been prepared to work in new areas. He enjoys new challenges. He is a conscientious and hard worker. This has allowed him to gain an understanding of the particular circumstances of and the legal background to the cases in which he has been instructed. As well as appearing in court in complex, high profile and urgent matters, he regularly provides written advice on a wide variety of matters.
Vinit was called to the Bar of England & Wales in 2019. He can accept instructions in England and Wales via his clerks at Whitestone Chambers.
Melissa Malone v Greater Glasgow Health Board (2016)
Acted for the defenders in this clinical negligence proof where an alleged delay in diagnosis resulted in a stroke for the young pursuer. Lord Brailsford issued a judgement in favour of the defenders in early 2017. This case also involved an attempted extension of the Montgomery decision in relation to informed consent.
Scottish Mesh Litigation (2014 to date)
Instructed for the NHS defenders in one of the largest group actions in Scotland. There are currently over 400 cases in this group.
Leadbetter v Tayside Health Board (2016)
Acted for the defenders in this action of surgical negligence involving a laparoscopic cholecystectomy
Deborah Young v Borders General Hospital (2015 to 2016)
Instructed for defenders in this preliminary proof on timebar in a medical negligence case
Honisz v Lothian Health Board (2008 SC 235)
Acted for the defenders in this leading medical negligence case in respect of loss sustained as a result of infection following arthroscopy of the knee.
Selected Others
2016 to 2017
Instructed by NHSLA in England in relation to an appeal by a GP to the Upper Tier Tribunal
2017
Instructed by a health board in the defence of a health and safety prosecution following the death of a patient
2017
Instructed for appellant in an appeal to the Senatus Academicus in relation to a University Exclusion Appeal
2015 to 2016
Instructed by a health board in relation to a high profile employment matter before an appointed panel under the NHS Annex C procedure
Jack v Borders Health Board (2017)
For the defenders in an alleged acceleration of back pain case following injury
O’Neil v Greater Glasgow Health Board (2014)
For the defenders in this personal injury action involving a head injury caused by a fall in the course of employment
Stewart v Greater Glasgow Health Board
Instructed for the defenders in this action concerning the acquisition of hospital acquired infections (MRSA and C-diff)
Brown v Tayside Health Board (2012)
Acted for the defenders in this latex allergy case.
McCuish v Highland Health Board (2011)
Acted for the defenders in an action involving injuries sustained by a nurse as a result of an assault by a violent patient
FAI into the death of Andrew Logan (2015)
Instructed for Scottish Ambulance Service in this 5 week high profile FAI. It concerned the alleged delay in retrieving an elderly man who was ultimately found to have a ruptured abdominal aortic aneurysm. Leading experts in vascular surgery and also expert paramedics gave evidence
FAI into the death of Kathryn Beattie (2012-2014)
Instructed for the Health Board in this high profile FAI which ran over the course of about two years ending in January 2014. It concerned the circumstances surrounding the death of a 13 year old girl with acute leukaemia. Leading experts in leukaemia research, haematology, neuroradiology and neurosurgery all gave evidence
FAI into the death of David Tweedie (2012)
Instructed by the Health Board in relation to a death following elective surgery where concerns about the availability of medical information in paper form and on computer was an issue
FAI into the death of Mary MacAuley (2011)
Instructed by the Scottish Ambulance Service in relation to the death of a lady in her home in unusual circumstances
FAI into the death of Irene Hogg (2009)
Instructed by Scottish Borders Council in relation to the suicide of a primary school head teacher following a school assessment.
FAI into the death of Gordon Ewing (2009-2010)
Instructed by the Health Board in relation to the death of young man during anaesthesia for elective surgery
Contact our clerks
Normal business hours are 9am to 5pm, Monday to Friday.
ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (9am to 5pm)
Alan Moffat
Advocates' Clerk
Sheena Hume
Deputy Advocates' Clerk
Shawn McArthur
Deputy Advocates' Clerk
Kathryn Ferguson
Deputy Advocates' Clerk
Emma Busby
Deputy Advocates' Clerk
- 1970 – 77 Hurst Grange, Stirling
- 1977 – 83 Falkirk High School
- 1983 – 88 Edinburgh Medical School
- 1993 – 96 Edinburgh Law School
- LLB July 1995
- Dip LP July 1996
- MB ChB July 1988
- DRCOG May 1991
- JCCC 1991
- MRCGP July 1992
- DCCH Sept 1993
Appointments
- 2024 – Legally Qualified Chair Scottish Social Services Council (Fitness to Practise)
- 2019 – Called to Bar of England & Wales
- 2019 – Equality and Human Rights Commission Panel of Counsel
- 2018 – Queen’s Counsel
- 2015 – Shrieval chair to the Mental Health Tribunal for Scotland
- 2013 – Police Appeals Tribunal panel member
- 2012 – Classification Appeal Committee legal chair
- 2005 to 2012 – Standing Junior to the Scottish Government
- 2011 – Part time Sheriff
- 2006 to 2009 – Full time Advocate Depute
- 1999 – Called at the Scottish Bar (after devilling to Sheriff Principal C A L Scott QC and Derek Ogg QC)
- 1996 to 1998 – Trainee solicitor with Messrs Dundas & Wilson CS, Edinburgh and Glasgow, with experience in private client, construction, banking, commercial litigation and civil litigation (clinical negligence and personal injury)
Medical posts
- 1992 to 2004 – Worked periodically as a locum medical General Practitioner as well as doing hospital locum work in medicine, accident and emergency, ENT, ophthalmology, care of the elderly, dermatology, surgery and psychiatry
- July 1993 to October 1993 – Worked as a locum medical General Practitioner in Brisbane, Australia
- 1989 to 1992 – Fife General Practice Vocational Training Scheme. Qualified as a GP following two years in various hospital posts and a year with a general practice in Kirkcaldy
- February 1989 to July 1989 – Junior House Officer in Surgery, Falkirk and District Royal Infirmary
- August 1988 to January 1989 – Junior House Officer in Medicine, Stirling Royal Infirmary
Vinit appears regularly in court, often in complex, high profile and urgent matters. He has experience of appearing in the Court of Session (Inner and Outer House), the Criminal Appeal Court, the High Court of Justiciary and Sheriff courts around the country. He has also appeared before various Tribunals.
Vinit has given presentations to legal (and medical) audiences on a wide variety of medico-legal topics during his career. He has also delivered in house medico-legal talks to solicitors. He also gives lectures to sheriffs for the Judicial Institute.