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. The House should not revisit that decision.

Lord Hoffmann, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Carswell
[2008] UKHL 32, 2008 SCLR 547, 2008 GWD 17-305, (2008) 152(22) SJLB 28, 2008 SLT 561, 2008 SC (HL) 146
Bailii, HL
Prescription and Limitation (Scotland) Act 1973
CitedMcIntyre v Armitage Shanks Ltd HL 1980
A workman contracted pneomoconiosis and knew all the relevant facts but was advised by the local secretary of his trade union that he could not sue. His later claim was met by a defence of limtation.
Held: The action was time barred. . .
Appeal fromBowden v Sister Bernard Mary Murray and others OHCS 30-Jul-2004
. .
CitedBrisbane South Regional Health Authority v Taylor 2-Oct-1996
(High Court of Australia) McHugh J said that the public interest requires disputes to be settled as quickly as possible. . .
CitedA v Hoare HL 30-Jan-2008
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend . .
CitedCarson v Howard Doris Limited 1981
Whether it was equitable to allow an action to go ahead despite the expiry of the limitation period, depended upon three factors: ‘(1) the conduct of the pursuer since the accident and up to the time of his seeking the court’s authority to bring the . .
DisapprovedKR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 10-Jun-2003
The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants.
Held: The test to be applied under section 14(2) was . .
CitedGirvan v Inverness Farmers Dairy and Another HL 13-Nov-1997
(Scotland) A second re-trial in order to obtain a jury assessment of damages more in line with that assessed by judges would be wrong. Lord Clyde: ‘In a system in which damages may be assessed in different cases either by a jury or by a judge it is . .
CitedMcCabe v McLellan IHCS 1994
An action of professional negligence was brought against two doctors for alleged negligence when the pursuer was a young child. He was 18 in 1986 and raised an action against the first defender within the triennium provided for in section 17(4) of . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Limitation

Updated: 01 November 2021; Ref: scu.267944