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 knowledge of the facts to state a claim.
Held: The Court recalled the interlocutor below and allowed a proof before answer on prescription and the effect of section 11(3). They followed the approach in GGHB and Glasper but rejected the submission that the fact that there had been an explosion in a building meant that it had been caused by negligence. Because the maxim of res ipsa loquitur applied where the cause of the accident was not known, an action based on the maxim was the antithesis of the requirement in Glasper, namely ‘awareness, not only of the fact of loss having occurred, but of the fact that it is loss caused by negligence.’
Lady Paton, Lord Mackay of Drumadoon and Lady Smith
[2013] ScotCS CSIH – 19, 2013 SC 391, 2013 GWD 11-237, 2013 SLT 413
Bailii
Prescription and Limitation (Scotland) Act 1973 11(3)
Scotland
Citing:
See Also – ICL Plastics Ltd and Others, Re Application for Judicial Review SCS 11-Mar-2005
The applicants were concerned at the decision to exclude them from their premises to investigate the cause of an explosion leading to the collapse of the factory. . .
Appeal from – David T Morrison and Co Ltd v ICL Plastics Ltd and Others SCS 9-Mar-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 . .
Cited – Glasper v Rodger SCS 1996
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, . .
Cited – Dunlop v McGowans HL 6-Mar-1980
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 . .
Cited – 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 . .
Cited – AMN Group Ltd v Gilcomston North Ltd and others SCS 20-Jun-2008
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 . .
These lists may be incomplete.
Updated: 09 July 2021; Ref: scu.472119
