The pursuer said that the defendants, her former solicitors, had been negligent when advising her. She was to claim for personal injury, but when the limitation period expired, they closed the file without advising her of the possibility of applying for an extension of time.
Held: To establish a claim, the pursuer had to show that the lost claim had some ‘ascertainable, measurable, non-negligible value’. Here the pursuer would have the burden of persuading the court that it was right that her claim should proceed out of time. Looking at the matter in all probability, she would have failed, and nor indeed had she succeeded at that stage was there any great prospect of success. Though the solicitors had been negligent, they were entitled to a decree of absolvitur because the pursuer’s claim had little value.
Judges:
Lord Emslie
Citations:
[2003] ScotCS 122
Links:
Statutes:
Prescription and Limitation (Scotland) Act 1973 19A
Citing:
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Lists of cited by and citing cases may be incomplete.
Scotland, Professional Negligence
Updated: 07 June 2022; Ref: scu.181528