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Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: HL 22 Jul 1993

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

O’Donnell and Another v Imray and others: SCS 25 Apr 2003

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

Greater Glasgow Health Board v Baxter Clark and Paul: SCS 1990

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

Kirk Care Housing Association Ltd v Crerar and Partners: SCS 1996

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

Bowden v Sister Bernard Mary Murray and others: OHCS 30 Jul 2004

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

Mackie v AB 2000 Ltd and others: SCS 16 Oct 2003

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

McArthur, Executors of v Revenue and Customs: SCIT 9 Jul 2008

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

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 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

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 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

Acts

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

Stuart Wilkie (AP) v Direct Line Insurance Plc: ScHC 19 Sep 2001

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

BP Exploration Operating Company Ltd v Chevron Shipping Company; Same v Chevron Tankers (Bermuda) Ltd; Same v Chevron Transport Corporation: OHCS 26 Jan 1999

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

Cunningham v Glasgow City Council: SCS 8 Aug 2008

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

Scottish Equitable Plc v Miller Construction Ltd: IHCS 31 Aug 2001

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