Lambie v. Toffolo Jackson Ltd & Anor [2002] ScotCS 65 (11th March, 2002)

Lambie v. Toffolo Jackson Ltd & Anor [2002] ScotCS 65 (11th March, 2002)

The pursuer was aware of the relevant facts for limitation purposes by 1 March 1996 when his doctor told him he had pleural plaques, and he acted on this advice. The action, raised more than three years later, is therefore time-barred under section 17(2) of the 1973 Act. There is no sufficient basis for equitable relief under section 19A due to significant unexplained delays and omissions by the pursuer and his advisers.

Citation
[2002] ScotCS 65
Parties
Pursuer: Alexander Lambie; Defenders: Toffolo Jackson Limited (in liquidation) and another
Jurisdiction
Scotland
Procedural Posture
Reparation (personal Injury) / Procedural Roll Hearing on Time Bar and Amendment
Outcome
Action dismissed as time-barred; no equitable relief granted.
Legal Topics
Asbestos Related Disease, Time Bar (limitation Period), Prescription and Limitation (scotland) Act 1973, Equitable Relief Under Section 19 a
Personal Injury Limitation of Actions Asbestos Related Disease Time Bar (limitation Period) Prescription and Limitation (scotland) Act 1973 Equitable Relief Under Section 19 a

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Parties

Alexander Lambie

Pursuer

Toffolo Jackson Limited (in liquidation) and another

Defenders

Procedural Posture

Reparation (personal Injury) / Procedural Roll Hearing on Time Bar and Amendment

Legal Issues

  1. 1 Whether the pursuer's action for asbestos-related injury is time-barred under the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the court should exercise its discretion under section 19A to allow the action to proceed despite being time-barred

Ratio Decidendi

The pursuer was aware of the relevant facts for limitation purposes by 1 March 1996 when his doctor told him he had pleural plaques, and he acted on this advice. The action, raised more than three years later, is therefore time-barred under section 17(2) of the 1973 Act. There is no sufficient basis for equitable relief under section 19A due to significant unexplained delays and omissions by the pursuer and his advisers.

Court Disposition

Action dismissed as time-barred; no equitable relief granted.

Orders

  • Defenders' first plea-in-law sustained
  • Pursuer's fifth and sixth pleas-in-law repelled