Seriously injured policewoman forced to drop £1m compensation case after late recusal
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A seriously injured former police officer has had to drop her compensation case and cannot afford to raise fresh proceedings after the presiding sheriff’s conflict of interest was only realised three days into the case.
Lynsey Henderson, 43, who served as a policewoman for 18 years suffered serious injuries after slipping off a kerb while on duty in September 2011, The Herald reports.
She was medically retired in October 2013 and has now been diagnosed with cauda equine syndrome, which causes a loss of function to the nerve roots below the spinal cord.
She sued Ayrshire and Arran Health Board for £1 million.
However, three days into her case at Kilmarnock Sheriff Court, Mrs Henderson realised that Sheriff Shirley Foran had dealt with her divorce proceedings in 2007, when the latter was a solicitor.
Sheriff Foran upheld a motion for recusal made by Mrs Henderson’s advocate, saying: “I do so with the deepest of regret. I wish I had observed it sooner.”
She added that she was “very sorry” about the expense and stress Mrs Henderson had incurred.
Mrs Henderson cannot afford to raise fresh proceedings. She has complained to Health Secretary Shona Robison and is considering raising the case with the Scottish Legal Complaints Commission.