Ross v Secretary of State for Scotland
(1990) 1 Med LR 235
COURT OF SESSION
and Lord MILLIGAN
National Health Service (Scotland) — Health Department — Discretionary powers — Vaccination programme against smallpox — Allegation that pursuer suffered brain damage as a result of vaccination — Action brought against Health Department and medical practitioner who carried out vaccination — Pursuer's case against Health Department based on alleged breach of duty — Whether case based on matters of policy or implementation of policy — Whether case based on matters of policy must allege bad faith — Whether sufficient for pursuer to allege irresponsibility