The panel’s verdict will be reached via a plain majority, and judge Sandy Kemp has no extra privileges for his vote in the matter. <\/p>\n
Any ruling could either be fully or partly in favour of one side in the case, with a number of possible legal remedies for the losing party, from paying compensation to covering witness expenses. <\/p>\n
Should Ms Peggie win, the main remedy sought would likely be for injury to feelings – a specific remedy with guidelines known as the Vento Bands used to determine compensation amounts.<\/p>\n
Payments start at \u00a31,200 for less serious cases and rise to \u00a360,700 for the most serious – but even those can be exceeded for “exceptional cases.” <\/p>\n
Potentially both Dr Upton and NHS Fife could pay compensation if the ruling is in favour of Ms Peggie, though employment lawyer Mr Mitchell believed it would be more likely just the health board paying.<\/p>\n
He also said it was “relatively rare” for expenses to be awarded against the losing party and only if certain tests are met – relating to whether a party “acted vexatiously, abusively, disruptively or otherwise unreasonably” during proceedings.<\/p>\n
Another test applied would be if any claim had “no reasonable prospect of success”. <\/p>\n