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 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
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 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
