Tag: Conway v Dalziel (1901) 3 F 918 and Hughes v Robertson 1913 SC 394 – all rested on this basis.  The case thus supports

The long awaited (it went to avizandum in March 2005) decision in Stevens v Yorkhill NHS Trust [2006] CSOH 143 was published on 13 September 2006.  The issue was the rights, if any, of a mother against the doctors who at a post mortem procedure, but without her authority or consent, had removed and retained the brain of her month-old daughter shortly after her death from a diaphragmatic hernia.   Temporary Judge C J MacAulay QC held that Scots law recognises as a legal wrong for which damages by way of solatium can be claimed the unauthorised removal and retention of organs from a dead body” (para 62).  The juridical basis for this right of action was the actio iniuriarum