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Michael Barrie Cocker Against (first) Dumfries And Galloway Health Board And (second) Mr Rupert David Ferdinand

Judgment Cited authorities 6 Cited in Precedent Map Related
Vincent
JurisdictionScotland
JudgeSheriff K.J. McGowan
Neutral Citation[2018] SC EDIN 56
CourtSheriff Personal Injury Court (Scotland - United Kingdom)
Docket NumberPN280/17
SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
IN THE ALL-SCOTLAND SHERIFF PERSONAL INJURY COURT
[2018] SC EDIN 56
PN280/17
JUDGMENT OF SHERIFF KENNETH J MCGOWAN
in the cause
MICHAEL BARRIE COCKER
Pursuer
against
(FIRST) DUMFRIES AND GALLOWAY HEALTH BOARD
and
(SECOND) MR RUPERT DAVID FERDINAND
Defenders
Pursuer: Laing; Slater & Gordon
First Defender: Campbell QC; NHS Scotland CLO
Second Defender: Combe; Clyde & Co
Introduction
[1] This is a clinical negligence claim. It came before me on (a) the first defender’s
opposed motion number 7/11 of process, the substance of which was to (i) discharge the diet
of proof and fix a new diet, with consequent alterations to the timetable and (ii) to remit the
case to the Court of Session in terms of section 92(2) of the Courts Reform (Scotland) Act
2014 (“the 2014 Act”) to proceed under Chapter 42A of the Court of Session Rules (“CSR”);
and (b) the pursuer’s opposed motion number 7/12 of process to withdraw the cause from

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