Greater negligence than the absence of ordinary care. In regard to professional negligence, the phrase ‘gross negligence’ only indicates so marked a departure from the normal standard of conduct of a professional man as to infer a lack of that ordinary care which a man of ordinary skill would display. In relation to criminal responsibility flowing from negligence, the words ‘gross negligence’ are not uncommonly used to denote the very high standard of negligence or recklessness required to establish criminal responsibility. [Hunter vs. Hanley 1955 SLT 213]

There is a distinction between ‘negligence’ and ‘gross negligence’ although the exact dividing line is difficult to demarcate. ‘Gross negligence’ connotes higher degree of negligence not arising merely from some want of foresight or mistake of judgment but from some culpable default. [Giblin s. McMuller (1869) LR 2 PC 317 (337)]