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Medical negligence seminar

Date: 22nd May 2019

Time: 09:00 - 13:30

Law Society of Scotland
Atria One
144 Morrison Street

CPD Hours: 3hours

During this seminar, our experts in the field will reflect on how the key principles of medical negligence have been treated in recent cases and decisions, share practical guidance and top tips for issuing effective claims, and guide you through current discussions and potential changes involving issues of damages and fees.

Last chance to book!

In recent years, solicitors across Scotland have dealt with an increasing number of medical negligence claims. While this complex area of law is shaped by fundamental rules that constitute the very foundation of a successful claim, their interpretation and practical application regularly present solicitors with new and unpredictable challenges.

During this seminar, our experts in the field will reflect on how the key principles of medical negligence have been treated in recent cases and decisions, share practical guidance and top tips for issuing effective claims, and guide you through current discussions and potential changes involving issues of damages and fees.

Are you a solicitor specialising in this area of law? We offer specialist accreditation in a number of areas, including Medical Negligence and Medical Negligence (Defender) Law. Find out if you qualify see Specialist Accreditation.

At this event you will:

  • Gain updated insight into how the fundamental principles of medical negligence have been applied in recent cases
  • Get tips on how to effectively draft a claim, and the aspects to keep in mind to increase the chances of success
  • Learn about recent discussions and prospective developments regarding fees and the ‘quantum’ of medical negligence.
  • 09:00 - 09:20

    Registration and refreshments

    Ruth Kelliher

    Ruth joined Digby Brown in 2007 and has dealt exclusively with clinical negligence work from 2009. Ruth became a Partner within the clinical negligence team in 2017 and is based in Digby Brown's Glasgow office. She deals with a broad range of complex clinical negligence cases and has experience of litigating these cases in both the sheriff court and Court of Session.  Ruth has particular expertise in pursuing cases involving birth injury and neonatal deaths as well as dealing with cases involving surgical errors and delays in diagnosis.

    Ruth is accredited as a specialist in clinical negligence by the Law Society of Scotland. She is a member of APIL and is also a notary public. Chambers Guide to the UK Legal Profession 2018 has awarded Ruth “up and coming” status highlighting that interviewees speak highly of her, noting: "She knows how to prepare a case properly and is very thorough and practical."

  • A look at recent cases and decisions, reflecting on how the fundamental legal principles have been applied and developed, and their current challenges.


    Robbie Wilson

    Robbie is the Head of Anderson Strathern's Medical Negligence team. He has concentrated on this area of law since qualifying as a solicitor nearly 10 years ago. Robbie has also been accredited by the Law Society of Scotland as a specialist in medical negligence law since 2016. His aim in his legal work is to make a difference to lives of those who have been involved in medical accidents of all types, from birth injuries, misdiagnosis of illnesses and failure to treat. Having specialised in this complex area for a number of years, he has assisted many individuals and families to deal with the aftermath of a catastrophic medical outcome.

    Robbie also has an interest in personal injury cases more broadly and undertakes a range of injury cases including accidents at work and road traffic accidents. He has been a tutor on Edinburgh University’s Diploma in Legal Practice Personal Injury elective for the past five years and is passionate about passing on his expertise in the area of health and social care to the next generation of solicitors.

    Robbie is a Director of the firm and recognised by both the independent legal researchers Legal 500 and Chambers where he is ranked as the sole “Star Associate” in pursuer Medical Negligence in Scotland.

  • 10:10 - 10:20

    Questions and discussion
    • The procedural aspects of the claim
    • Tips for drafting an effective claim
    • Issues of evidence
    • The role of expert witnesses.

    Ann Logan

    Ann specialises in pursuing clinical negligence claims in the Court of Session in Scotland. She has extensive experience of dealing with birth trauma cases, particularly cerebral palsy and stillbirth claims and deals with a wide range of cases against hospitals, GPs, optical and dental professionals. Ann regularly lectures to medical and legal professionals and was a member of the No Fault Compensation Review group and contributor to consultations on the proposed No Blame Redress Scheme and Clinical Negligence pre action protocol. Ann is an Accredited Specialist in Medical Negligence Law by the Law Society of Scotland and an Accredited Clinical Negligence Specialist and Assessor for the Association of Personal Injury Lawyers. She is again ranked in Chambers 2019 guide as a Leader in the Field, and named in the Legal 500’s “Leading Lawyers” 2019 Guide for outstanding lawyers nationwide.

  • 11:00 - 11:10

    Questions and discussion
  • 11:10 - 11:30

    Refreshments and networking
    • What damages can be claimed?
    • review of recent damages award
    • guidance to issues of quantification.


    Darren graduated from Edinburgh University with an LLB (Hons) in 2006 before commencing his traineeship with Drummond Miller LLP. He became a Partner in the Clinical Negligence department in June 2016. The team has expanded considerably over that period and is recognised as one of the leading firms (for pursuers) in Scotland. He heads the department together with Liesa Spiller in addition to sitting on the Management Board.  
    He has specialised in clinical negligence since qualifying and has a wealth of knowledge and experience. He has had hands-on experience in a wide variety of claims. He has particular interest and expertise in birth damage cases. He has daily contact with both clients and medical experts. He has experience of litigating in the Sheriff Court, Court of Session and Supreme Court. He has been involved in some of the highest value and most complex medical negligence cases in Scotland in recent years.

    He is listed in the UK Chambers Guide in the area of clinical negligence - where he has been described as “very tenacious and extremely thorough” and “a very impressive young lawyer who is extremely practical” with a “fantastic bank of knowledge”. He is invited annually, as a guest speaker, to the Medical Law & Ethics LLM course at Edinburgh University. He has taught for a number of years on the Diploma in Legal Practice at Edinburgh University. He is a member of the Compulsory Clinical Negligence Protocol reference group and the Rules of the Court of Session Chapter 42A Amendments Focus Group (particularly relevant to clinical negligence actions).

    • Insight into the Taylor report
    • ‘no win-no fee’ and ‘success fee agreement’ for solicitors in light of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

    Iain Nicol

    I am accredited by the Law Society of Scotland as a specialist in both professional negligence law and personal injury law.

    I have a significant case load of medical negligence work as well as dealing with high value road traffic and work accident claims in both the Court of Session and Sheriff Court.

    I am regularly invited to deliver seminars to lawyers on aspects of personal injury practice and procedure as well as civil litigation costs and funding.

    I also have a particular interest in quality assurance and peer reviewing having acted as a Peer Reviewer for the Law Society of Scotland since 2003. I was invited to deliver a series of seminars to Chinese lawyers in Beijing in 2015 on the skills of peer reviewing and have a particular interest in the Chinese Legal Reform programme.

    I am currently one of only 3 solicitors in Scotland to have been accredited as a Fellow by the Association of Personal Injury Lawyers.

  • 12:40 - 12:55

    Questions and discussion

  • 13:00 - 13:30

    Lunch and networking


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