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The Herald Scotland
31-07-2025
- Health
- The Herald Scotland
The story of NHS Fife's legal fees in Sandie Peggie tribunal
However, the case is complex and NHS Fife do not actually pay the full costs. The taxpayers most likely will. Shared legal team Crucially, NHS Fife is sharing a legal team with Dr Upton, the transgender medic at the forefront of the case. This may sound odd but it is actually standard in NHS legal cases. It is argued that the staff member may only have become exposed to any risk of liability after being sued while doing their job. However, NHS Fife must weigh up the risks in sharing a legal team, including whether there could be any "conflicts of interest". Ms Peggie is suing her employer and Dr Upton after she objected to the trans medic's use of the female changing room on Christmas Eve in 2023 at Victoria Hospital in Kirkcaldy. She also made reference to the situation being similar to men being housed in the female prison estate. The nurse was placed on special leave in December 2023 and suspended in January 2024. She was cleared of all misconduct allegations on July 15 2025, including two patient safety complaints. NHS Fife legal team It is important to note that health boards in Scotland do not directly employ their own solicitors. Solicitors in the Central Legal Office (CLO) act exclusively for the NHS. However, the CLO then appointed Jane Russell KC, from the Essex Court of Chambers in London, to represent the case in court. Silks - or King's Counsel (KC) barristers - typically charge between £500 and £1,500 per hour. Given Ms Russell had been at Dundee Tribunal Hearing Centre over 10 days from July 16, with court sitting approximately between 10am and 4pm each day, the recent sessions could have cost the health board in the region of £30,000. However, NHS Fife is a member of the Clinical Negligence and Other Risks Indemnity Scheme (CNORIS). This is a pooling arrangement between Scottish health boards and means NHS Fife will only be required to meet the first £25,000 of the cost. The remaining bill is covered by the scheme, which is paid for through the Scottish Government's Health and Social Care Directorate that underwrites the scheme. Costs so far As of June 30, NHS Fife have accrued £258,831.31 in legal costs associated with the Sandie Peggie case. But the costs are undoubtably set to rise. Research by Murray Blackburn Mackenzie policy collective states: "The decisions which have driven the cost of this case rest formally with NHS Fife, but in practice the CLO also appears to be a relevant decision-maker of some sort, but to what extent and with what oversight from its own senior management, is very difficult to say. "Perhaps the only place it will ever be possible to unpick the full story of who decided what, when and how, will be in front of a parliamentary committee, with the questions asked direct of senior staff and board members for NHS Fife, National Services Scotland and the Scottish Government itself." In a statement published on July 18, NHS Fife said: "As of 30 June 2025, £258,831.31 in legal costs have been recorded as expenditure related to the legal services associated with this case. "NHS Fife is liable for the first £25,000 of costs associated with defending the case." Earlier this year, NHS Fife did not reveal the legal costs, stating that the health board "believed that it did not hold the figures requested as the legal fees were managed through the Central Legal Office (CLO) and National Services Scotland (NSS) who administered the CNORIS Indemnity scheme". Following criticism from the Scottish Information Commissioner, NHS Fife revealed the costs amounted to £220,465.93 up to May 2025.
The Herald Scotland
18-07-2025
- Health
- The Herald Scotland
NHS Fife faces new FOI probe over Sandie Peggie case
The health board published a lengthy statement on Friday, addressing what it described as "misinformation" around the case. NHS Fife insisted it had acted transparently and accused the campaign group Sex Matters, which is supporting Ms Peggie, of attempting to 'steer public opinion'. READ MORE It claimed reports suggesting it had been compelled to release cost information by the Scottish Information Commissioner were 'inaccurate.' The statement said: "The information commissioner stated in his decision cited above that: 'the withheld information the Authority provided to the Commissioner was obtained from CLO after the date it received the Applicants' requests. This means the Commissioner cannot make a finding on, or require disclosure of, this information in his decision notice.' "NHS Fife subsequently made the decision to publish the figures on its website up until 31 May 2025 in the interests of transparency, and on the basis that similar information was being actively sought." However, Decision 133/2025 — issued by the Commissioner earlier this month — was highly critical of NHS Fife's refusal to answer requests from The Herald and others about how much [[pub]]lic money had been spent defending the case. At the time of the ruling, Mr Hamilton found NHS Fife had not undertaken any searches for the information and had repeatedly argued it was exempt from disclosure. He dismissed those claims and ordered the board to carry out 'adequate, proportionate searches' and respond to applicants by Sunday July 14. Following the ruling, NHS Fife quietly published figures on its website confirming it had spent £220,465.93 on the case as of May 31. That figure has since risen to £258,831.31, though the board insists its direct liability is capped at £25,000 under the national CNORIS indemnity scheme. READ MORE In a strongly worded statement, Mr Hamilton said: 'The petulant tone of NHS Fife's latest statement is quite remarkable, but it is the contents that concern me most. 'They have now cast doubt upon the assurances they gave me regarding compliance with my Decision Notice. I will investigate further and, if the Authority has not indeed fully complied with my Decision, then I may report the matter to the Court of Session as a contempt of court.' The health board has already been forced to amend its statement after Ms Peggie's legal team accused it of linking threats of sexual violence to the nurse's supporters. During Friday's hearing, the claimant's barrister, Charlotte Elves, said it was 'a matter of some concern' that the health board appeared to be associating the actions of anonymous individuals online with Sex Matters, which is supporting Ms Peggie. She pointed to paragraph three of the NHS Fife statement, which referenced the organisation's CEO, Maya Forstater, who has already given evidence, and the group's chair, barrister Naomi Cunningham KC, who is leading Ms Peggie's case. The next paragraph states that while the case had attracted 'significant and very polarised debate' on social media, 'what began as debate has evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland'. Ms Elves told the tribunal: 'Paragraph four of the statement seems to conclude that [Sex Matters' involvement] has resulted in more worrying behaviour that has involved Police Scotland. It is a matter of some concern that a party to proceedings seems to link a witness in these proceedings with the conduct of members of the public, including threats of physical violence.' She added: 'This is quite unusual conduct of a party in proceedings, and we are concerned that it is irresponsible and unsafe in the context of what we already know.' NHS Fife's senior counsel, Jane Russell KC, said she had only just seen the statement and asked for more time to consider it. However, she rejected the suggestion that it contained anything defamatory or untrue. 'It is a bit of a stretch to say that paragraph three is leading to paragraph four,' she said. 'There is no way NHS Fife's statement could be seen to directly link the threats to those involved with Sex Matters.' She argued that the context for the statement was important, stating: 'Because this has taken place in public, Fife's witnesses have been exposed to a very unsafe environment. I have received threats, as have witnesses.' Nevertheless, NHS Fife later tweaked the release, adding: 'To be clear, NHS Fife is not seeking to suggest that anyone involved with Sex Matters have contributed to the behaviour or issues mentioned above.' The Peggie tribunal resumed this week after a five-month adjournment. Ms Peggie, an A&E nurse at Victoria Hospital in Kirkcaldy, is suing the board and her colleague, Dr Beth Upton, after she was suspended for raising objections to the trans doctor's use of a female changing room on Christmas Eve 2023.
The National
18-07-2025
- Health
- The National
Sandie Peggie denies making racist comment as new allegation emerges
Witnesses Dr Elspeth Pitt, a consultant in emergency medicine, and Louise Curran, a senior charge nurse and Peggie's line manager, gave evidence on Friday. Pitt was the first person to see Dr Beth Upton after her altercation with Peggie, while Curran gave insight into Peggie's character. The Herald reported Curran told Ms Russell KC that she had heard Peggie had views on "religion, race and politics" through conversations with other staff members. She stated that she had heard Peggie was not happy about transgender staff using female facilities, before stating: "I believe there had been a racist comment to one of our junior doctors who is now a consultant." READ MORE: Pro-independence politicians respond to John Swinney's strategy She went on to reference a comment allegedly made by Peggie that she was unhappy with different types of food being cooked in the staff room by an Asian staff member. Bundles of evidence seen by The Herald said Peggie "strongly denied" claims of racism. She said: "The inference is I am racist and if Louise Curran is going to level such a serious allegation, then she should provide the names of the staff she states gave her this information." Peggie also pointed out that she works nightshift and would not be present during staff lunch periods. "I work night shifts only and so I'm never present at work when staff doctors are preparing their lunches. The team is extremely diverse from a wide range of ethnic backgrounds and I have a good working relationship with all colleagues," she said. Peggie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, on January 3 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal heard earlier this year. Earlier this week it emerged she had been cleared of all internal disciplinary charges. Peggie's solicitor, Margaret Gribbon, said: 'On Tuesday, 14th July, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife Health Board that following a disciplinary hearing, none of the gross misconduct allegations against her were upheld. 'Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations.' Last week, it emerged NHS Fife had spent more than £220,000 defending itself in the employment tribunal, which is expected to last several more days. However, the amount the health board pays is capped at £25,000 because it is part of a Scottish Government scheme known as Clinical Negligence and Other Risks Indemnity Scheme (CNORIS). Taxpayers cover these costs.
STV News
16-07-2025
- Health
- STV News
Employment tribunal involving nurse and NHS Fife set to resume
The employment tribunal involving nurse Sandie Peggie and NHS Fife resumes on Wednesday. Veteran nurse Ms Peggie brought the case against the health board after her complaint about sharing a changing room with transgender medic Dr Beth Upton led to her being suspended. Ms Peggie lodged a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010. A ten-day hearing was adjourned in February, shortly before the Supreme Court unanimously ruled that a woman is defined by biological sex under equalities law. The tribunal hearings are due to recommence in Dundee on Wednesday morning. It was revealed earlier this month that NHS Fife has spent more than £220,000 defending itself in the employment tribunal. The extent of the costs was uncovered following an intervention by Scotland's information commissioner, who ruled that the health board had failed to comply with freedom of information requests. Up to the end of March, a total of £220,465.93 was spent on the case, including counsel fees and services from the NHS Scotland's central legal office. Information Commissioner David Hamilton said NHS Fife should carry out searches for data on the costs of the case, describing the situation as 'frustrating' when freedom of information requests were appealed. In its response to the requests, the health board said: 'These costs will be reclaimed through the national clinical negligence and other risks indemnity scheme (CNORIS). 'Under CNORIS, NHS Fife's financial liability is limited to £25,000, which ensures that the legal proceedings do not impact frontline clinical or patient services. 'NHS Fife is not in a position to estimate the full cost of proceedings while the tribunal remains ongoing.' Ms Peggie has publicly welcomed the UK Supreme Court judgment which in April made clear the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex'. She said that she 'expects NHS Fife to immediately stop permitting any man who identifies as a woman access to female-only, single-sex spaces in the workplace'. Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
Leader Live
10-07-2025
- Health
- Leader Live
NHS Fife has run up £220,000 legal bill in Peggie tribunal, watchdog reveals
The extent of the costs was uncovered following an intervention by Scotland's information commissioner, who ruled that the health board had failed to comply with freedom of information requests. Up to the end of March, a total of £220,465.93 was spent on the case, including counsel fees and services from the NHS Scotland's central legal office. Ms Peggie brought the case against the health board after her complaint about sharing a changing room with transgender medic Dr Beth Upton led to her being suspended. The nurse lodged a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010. Information Commissioner David Hamilton said NHS Fife should carry out searches for data on the costs of the case, describing the situation as 'frustrating' when freedom of information requests were appealed. In its response to the requests, the health board said: 'These costs will be reclaimed through the national clinical negligence and other risks indemnity scheme (CNORIS). 'Under CNORIS, NHS Fife's financial liability is limited to £25,000, which ensures that the legal proceedings do not impact frontline clinical or patient services. 'NHS Fife is not in a position to estimate the full cost of proceedings while the tribunal remains ongoing.' Ms Peggie has publicly welcomed the UK Supreme Court judgment which in April made clear the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex'. She said that she 'expects NHS Fife to immediately stop permitting any man who identifies as a woman access to female-only, single-sex spaces in the workplace'. Maya Forstater, chief executive of the gender critical campaign group, Sex Matters, which is supporting the nurse, told The Herald newspaper: 'That NHS Fife has already run up £220,000 in legal costs to date is outrageous, but also unsurprising given the determination of so many employers to defend policies that permit trans-identifying men like Dr Upton to use women's facilities, even though the law is clear that female employees have the right to male-free facilities.' Conservative MSP Tess White said the costs had been released in a 'sleekit' way. She said: 'They have spent months rejecting legitimate requests to reveal how much taxpayers' money they are squandering on this case, only to try and slip it out in the hope nobody will see it. 'The sum spent so far taking Sandie Peggie to a tribunal could have gone to frontline healthcare services which are overwhelmed due to 18 years of SNP mismanagement. 'Senior figures within the health board must come clean about why this figure was not revealed sooner and how much more money from the public purse they expect to waste when the case resumes.' A spokesperson for the health board said: 'NHS Fife notes the report from the Scottish Information Commissioner, published on July 9, and will comply fully with the decision notice. 'The costs to date associated with the defence of the employment tribunal, brought against NHS Fife by Sandie Peggie have been made publicly available on the NHS Fife website.' The spokesperson added: 'NHS Fife sought a Rule 50 order to protect the confidentiality of sensitive personal information of staff involved in the tribunal process. 'As a public sector organisation, NHS Fife has a duty of care to all its staff with consideration given to protecting their privacy, safety, security and wellbeing. 'The decision to apply for the order was made following legal advice and in line with the reasons outlined above.'
