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
Outer House – Opinion – In May 2004 an explosion at the defenders factory caused nine deaths. A pipeline carrying LPG gas had not been assessed for risks. Morrison owned neighbouring premises which were damaged. They began an action for damages. The defenders said that the claim was out of time, but the claimants said … Continue reading David T Morrison and Co Ltd v ICL Plastics Ltd and Others: SCS 9 Mar 2012
Citations: [2015] ScotCS CSIH – 30 Links: Bailii Statutes: Prescription and Limitation (Scotland) Act 1973 Jurisdiction: Scotland Limitation, Land Updated: 08 September 2022; Ref: scu.546794
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
(Inner House) When Cumbernauld town centre was built, a walkway was provided between the shopping centre and residential areas. It was used for many years, but then closed to prevent crime. The authority sought an interdict to keep it open as a public right of way. The court discussed the application of prescription to public … Continue reading Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: SCS 1992
Citations: [2004] ScotCS 193 Links: Bailii Statutes: Prescription and Limitation (Scotland) Act 1973 Jurisdiction: Scotland Land Updated: 11 June 2022; Ref: scu.199662
Citations: [2004] ScotCS 192 Links: Bailii Statutes: Prescription and Limitation (Scotland) Act 1973 Jurisdiction: Scotland Land Updated: 11 June 2022; Ref: scu.199660
A walkway had existed from the town centre to residential areas. When the land was acquired the defendant new owners sought to close the walkway. The authority asserted that a public right of way had been acquired. Held: There was no need to demonstrate any conflict of interest between the proprietor and users to establish … Continue reading Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: HL 22 Jul 1993
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 … Continue reading O’Donnell and Another v Imray and others: SCS 25 Apr 2003
Citations: [2019] ScotCS CSIH – 6 Links: Bailii Statutes: Prescription and Limitation (Scotland) Act 1973 19A Jurisdiction: Scotland Personal Injury, Limitation Updated: 26 May 2022; Ref: scu.634470
Outer House Court of Session – Lord Clyde held (obiter) that the ordinary and natural meaning of the phrase ’caused as aforesaid’ included the distinct ingredient of causation by negligence: ‘The question is one of the interpretation of section 11(3) . . In my view . . the subsection looks for an awareness not only … Continue reading Greater Glasgow Health Board v Baxter Clark and Paul: SCS 1990
Outer House – Lord Clyde reiterated his view, rejecting a challenge by counsel for the defenders, that section 11(3) was concerned only with awareness of loss, a matter of fact, and not with matters of legal liability. Judges: Lord Clyde Citations: 1996 SLT 150 Statutes: Prescription and Limitation (Scotland) Act 1973 Cited by: Cited – … Continue reading Kirk Care Housing Association Ltd v Crerar and Partners: SCS 1996
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
Share Valuations for IHT SCIT Inheritance Tax; share valuation; convertible unsecured loan stock; family companies; whether option to take shares valid or in doubt; whether options prescribed; effect on valuation of conversion rights; valuation assumptions; percentage deduction for minority and majority shareholdings; Inheritance Tax Act 1984 sections 4, 160, and 168(1); Prescription and Limitation (Scotland) … Continue reading McArthur, Executors of v Revenue and Customs: SCIT 9 Jul 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
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 . .
A contract for works contained an arbitration clause, which, following a dispute was invoked. The council sought an interdict against the appointment of an arbiter on the grounds that any dispute was now time barred, and that the dispute was not of . .
A ship owned by the defenders caused substantial damage whilst moored at the claimant’s docks. The claim was made against different members of the defendants as they asserted and denied responsibility. The last company asserted that the claim was . .
Extra Division – Inner House – An explosion at the defenders’ neighbouring premises had damaged those of the pursuer. The defenders now appealed against a finding that the claim was out of time calculated from the time when it had sufficient . .
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
The pursuer owned a flat on the second and top floors of a building damaged by renovation works carried out by the defenders to the basement and ground floor of the same building. He relied on a letter by the defenders’ loss adjusters confirming that they had no objection to the pursuer instructing the necessary … Continue reading Richardson v Quercus Limited: IHCS 24 Dec 1998
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
The pursuer had bought land from the responder which in turn had bought from a company now in liquidation. On application for registration, the Keepr of the registers said the title had not been made out, and he was unable to complete the registration. The appeallant claimed breach of warrandice, the contractual warranty of title … Continue reading Morris v Rae: SC 7 Nov 2012
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
Outer House Judges: Lord Menzies Citations: [2010] ScotCS CSOH – 145 Links: Bailii Statutes: Prescription and Limitation (Scotland) Act 1973 11(3) Cited by: Cited – David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others SC 30-Jul-2014 The claimant sought damages after an explosion at the defender’s nearby premises … Continue reading Pelagic Freezing Ltd v Lovie Construction: SCS 28 Oct 2010
The pursuer sought payment under his insurance after his house burnt down. The defenders said the claim was time barred, and that there had been material non-disclosure. The issue was whether payments made after the fire had acknowledged the claim so as to extend the limitation period. Held: Any qualification of the payments was not … Continue reading Stuart Wilkie (AP) v Direct Line Insurance Plc: ScHC 19 Sep 2001
Where an action had been delayed beyond the five year prescription period because of an error induced by the party sued, the prescriptive period did not restart until the party was disabused of its mistake. Judges: Lord Dawson Citations: Times 06-May-1999, [1999] ScotCS 31 Links: Bailii Statutes: Prescription and Limitation (Scotland) Act 1973 6 Jurisdiction: … Continue reading BP Exploration Operating Company Ltd v Chevron Shipping Company; Same v Chevron Tankers (Bermuda) Ltd; Same v Chevron Transport Corporation: OHCS 26 Jan 1999
First Division – Inner House – Lord President Hope said: ‘In our opinion the lack of awareness which requires to be established for the purposes of section 11(3) of the 1973 Act is a lack of awareness that a loss has occurred caused by an act, neglect or default which gives rise to an obligation … Continue reading Glasper v Rodger: SCS 1996
The pursuer, a teacher, claimed under health and safety laws of the injury suffered working for the defenders. He said that he had also suffered harassment for which his employers were vicariously responsible. The defenders said that the action was not strictly a personal injury claim within chapter 43, since injuries under the 1997 Act … Continue reading Cunningham v Glasgow City Council: SCS 8 Aug 2008
The parties entered into a contract for the demolition and building of offices. They sought to refer differences to arbitration. The issue as to whether the long or short prescription period operated so as to time bar some parts of the claim. Held: Time began to run only from the time of the issue of … Continue reading Scottish Equitable Plc v Miller Construction Ltd: IHCS 31 Aug 2001
[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
[2013] ScotCS CSIH – 115 Bailii Prescription and Limitation (Scotland) Act 1973 Scotland Land, Limitation Updated: 28 November 2021; Ref: scu.519747
(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 . .
