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 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
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
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
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 . .
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 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 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
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: [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
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
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
[2013] ScotCS CSIH – 115 Bailii Prescription and Limitation (Scotland) Act 1973 Scotland Land, Limitation Updated: 28 November 2021; Ref: scu.519747
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
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 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 . .
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