Tonner v Reiach & Hall applied in medical negligence claim.

2 June 2008

For the first time since the seminal decision of the Inner house in Tonner v Reiach & Hall 2008 SC 1, a claim for damages has been dismissed as a result of unwarranted and inexcusable delay in its prosecution.

In the case of Hepburn v Royal Alexandra Hospital, Lady Dorrian dismissed a claim for medical negligence as a result of a 7 year delay in progressing it, in the course of which one of the doctors who was blamed had died.

Roddy Dunlop of Axiom Advocates was counsel for the defenders. The decision can be accessed at:-

http://www.scotcourts.gov.uk/opinions/2008CSOH81.html