Procedure roll debate on the defender’s first plea-in-law seeking dismissal of the pursuer’s action. Citations: [2016] ScotCS CSOH – 79 Links: Bailii Statutes: Prescription and Limitation (Scotland) Act 1973 17 19A Jurisdiction: Scotland Limitation Updated: 08 September 2022; Ref: scu.565697
Judges: Lord Johnston Citations: [2004] ScotCS 194, 2004 SLT 967 Statutes: Prescription and Limitation (Scotland) Act 1973 17 Jurisdiction: Scotland Cited by: Appeal from – Bowden v Poor Sisters of Nazareth and others and similar HL 21-May-2008 The appellants said they had suffered abuse while resident at children’s homes run by the respondents. The respondents … Continue reading Bowden v Sister Bernard Mary Murray and others: OHCS 30 Jul 2004
Judges: Lord Marnoch Citations: [2003] ScotCS 264 Links: Bailii Statutes: Prescription and Limitation (Scotland) Act 1973 17(2)(a) Jurisdiction: Scotland Limitation, Negligence Updated: 01 May 2022; Ref: scu.187886
[2010] ScotCS CSIH – 9, 2010 Rep LR 20, 2010 GWD 7-128, 2010 SLT 358 Bailii Prescription and Limitation (Scotland) Act 1973 17 Scotland Personal Injury, Limitation Updated: 04 December 2021; Ref: scu.396754
The claimants appealed from rejection of their claims for losses saying that such losses had been caused by their solicitors in failing properly to identify the tenant and the relevant lease when issuing notices to quit. The solicitors argued that the losses occurred when the defective notices were served, and by that date, the claims … Continue reading Gordon and Others (Trustees of The Inter Vivos Trust) v Campbell Riddell Breeze Paterson Llp: SC 15 Nov 2017
(Extra Division, Inner House) The claimant trustees appealed from rejection of their claims of professional negligence against the defendant solicitors as out of time. The parties disputed whether the limitation period ran from the service of defective notices on the trustees’ tenants. Held: The appeal was refused. Section 11(3) of the 1973 Act postponed the … Continue reading Gordon and Others v Campbell Riddell Breeze Paterson Llp: SCS 8 Mar 2016
The landlord of a block of flats needed vacant possession to pursue redevelopment. The respondent solicitors failed to give the necessary notice in good time, delaying the development by a year. The landlord appellant delayed five years before claiming damages, and now appealed against denial of his claim, arguing that section 11 produced in the … Continue reading Dunlop v McGowans: HL 6 Mar 1980
Outer House – The phrase ‘aware . . that loss, injury or damage caused as aforesaid had occurred’ as meaning ‘aware . . that a stateable prima facie claim . . could properly be advanced against someone’ the resolution of that issue will ultimately be one for the Lord Ordinary who hears the evidence and … Continue reading AMN Group Ltd v Gilcomston North Ltd and others: SCS 20 Jun 2008
The claimant sought damages after an explosion at the defender’s nearby premises damaged its shop. The defender said that the claim was out of time, and now appealed against a decision that time had not begun to run under the 1973 Act. Held: (Lord Hodge and Lord Toulson dissenting) The appeal was allowed. The natural … Continue reading David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 2014
The appellants said they had suffered abuse while resident at children’s homes run by the respondents. The respondents denied the allegations and said that they were also out of time. The claims were brought many years after the events. Held: The issues had been properly examined in the Court of Session and a discretion exercised. … Continue reading Bowden v Poor Sisters of Nazareth and others and similar: HL 21 May 2008
(Extra Division, Inner House Court of Session) The deceased was injured and died from his injuries diving from a boat hired from the responders. The pursuer appealed from dismissal of her claim as time-barred.
Held: the Inner House upheld the . .
(Outer House) The pursuer’s son had died in a diving accident from a boat hired from the defenders whose negligence, she said, was the cause of the injury. The defenders argued that the claim was time-barred.
Held: The Lord Ordinary upheld the . .
This appeal raises a question about the interpretation of article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (‘the Athens Convention’) and its application to the Scots law of limitation of . .
A notice was served seeking to refer a dispute to arbitration. By the time of the hearing the claim itself would be time barred, unless it could be established that service of the notice was enough to suspend time running. It was argued that the . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
