We represented Turning Point Scotland in an unusual and complex case which proceeded to a defended trial in the Court of Session

Turning Point Scotland is a charity that provides support for service users including homeless persons in crisis.

The family of the late Francis Hughes claimed damages from Turning Point Scotland alleging that he had died due to its negligence.

Key highlights

• • A team of experts defended the three-week trial in the Court of Session.
• • We were chosen to act because of our expertise in defending complex and unusual personal injury cases.
• • Success in this case was critical for the future of the charity.

Outcome

We successfully represented Zurich and Turning Point Scotland in the defence of the highly unusual case of Francis Hughes & others v Turning Point Scotland which proceeded to a three-week defended proof (trial) in the Court of Session (High Court equivalent) in November 2018.

The case involved complex legal issues regarding liability, causation and cause of death. The deceased was an alcoholic who, it is claimed, Turning Point should not have accepted into its facility unless it could have given him immediate access to alcohol withdrawal medication. The family of the late Francis Hughes claimed damages from Turning Point Scotland alleging that he had died due to its negligence. The court decision was issued on 17 May 2019 absolving Turning Point Scotland of any liability. If the court had found for the claimants, it could have affected the future viability of the charity’s offering to service users.