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EDWARD PRATT v. THE SCOTTISH MINISTERS

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Pursuer was prison officer and during the course of his employment he broke up a fight between two inmates. One of the inmates was an intravenous blood user and his blood had covered the pursuers shirt. Some of the blood went into the pursuers mouth and he swallowed it. He underwent tests for AIDS and hepatitis and had to wait some time for the results. The pursuer was not infected but avers that while waiting for the results he developed a mixed anxiety and depressive state. The consequence of this is that he could not continue with his work and he was dismissed. He avers that it was the duty of the Scottish Prison Service to arrange for an immediate blood test to arrange for him to change his bloodstained shirt and to make early arrangements for support or counselling to help him with his continued anxiety and uncertainty during the period when he did not know whether or not he had contracted Aids or Hepatitis. Hearing on motion for minute of amendment . The defenders opposition to the motion is that it seeks to introduce a new case both in relation to fault and in relation to causation.

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