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 were debarred as out of time.
Held: The appeal failed. Section 11(3) does not postpone the start of the prescriptive period until a creditor of an obligation is aware actually or constructively that he or she has suffered a detriment in the sense that something has gone awry rendering the creditor poorer or otherwise at a disadvantage. The creditor does not have to know that he or she has a head of loss. It is sufficient that a creditor is aware that he or she has not obtained something which the creditor had sought or that he or she has incurred expenditure.
The Court accepted that the result may be harsh for some suffering loss, but also acknowledged that reform was being discussed.
Judges:
Lord Neuberger, Lord Mance, Lord Sumption, Lord Reed, Lord Hodge
Citations:
[2017] UKSC 75, UKSC 2016/0142
Links:
Bailii, Bailii Summary, SC, SC Summary, SC Videos Summary, SC 2017 Jul 19am Video
Statutes:
Prescription and Limitation (Scotland) Act 1973
Jurisdiction:
Scotland
Citing:
Appeal from – Gordon and Others v Campbell Riddell Breeze Paterson Llp SCS 8-Mar-2016
(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 . .
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 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: . .
At Outer House – The Inter-Vivos Trust of The Late William Strathdee Gordon v Campbell Riddle Breeze Paterson Llp SCS 25-Mar-2015
(Outer House) The trustees said they had suffered losses from the negligence of the defendant solicitors in serving incorrect notices to quit under leases. The solicitors said that the claim was time barred.
Held: After hearing evidence in a . .
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 . .
Lists of cited by and citing cases may be incomplete.
Land, Limitation, Professional Negligence
Updated: 25 November 2022; Ref: scu.599381