Wilson v Lothian & Borders Police [1998] ScotCS 99 (11 December 1998)

Wilson v Lothian & Borders Police [1998] ScotCS 99 (11 December 1998)

The pursuer had a valid title to sue based on the assignation letter of 23 February 1998, which was communicated prior to raising the action, but the claim for storage charges is not charged on continuing account in a series of transactions and thus obligations for periods prior to five years before the action are extinguished by prescription.

Citation
[1998] ScotCS 99
Parties
Pursuer: William Wilson; Defender: Chief Constable, Lothian and Borders Police
Jurisdiction
Scotland
Judgment Date
11 December 1998
Procedural Posture
Civil / Interlocutory Judgment on Pleas in Law and Prescription
Outcome
Defender's third plea-in-law sustained in part; pursuer's averments relative to Schedule 2 excluded from probation; pursuer's tenth plea-in-law sustained by consent; case put out By Order for further procedure.
Legal Topics
Assignation of Debt, Title to Sue, Prescription of Contractual Obligations
Contract Law Civil Procedure Assignation of Debt Title to Sue Prescription of Contractual Obligations

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Parties

William Wilson

Pursuer

Chief Constable, Lothian and Borders Police

Defender

Procedural Posture

Civil / Interlocutory Judgment on Pleas in Law and Prescription

Legal Issues

  1. 1 Whether pursuer has valid title to sue as assignee of storage charges claim
  2. 2 Whether claim for storage charges is extinguished by prescription under the Prescription and Limitation (Scotland) Act 1973

Ratio Decidendi

The pursuer had a valid title to sue based on the assignation letter of 23 February 1998, which was communicated prior to raising the action, but the claim for storage charges is not charged on continuing account in a series of transactions and thus obligations for periods prior to five years before the action are extinguished by prescription.

Court Disposition

Defender's third plea-in-law sustained in part; pursuer's averments relative to Schedule 2 excluded from probation; pursuer's tenth plea-in-law sustained by consent; case put out By Order for further procedure.

Orders

  • Exclude from probation pursuer's averments in Article 9 relative to Schedule 2 and multiplepoinding.
  • Exclude from probation sentence in Answer 11 regarding genuineness of letter of 23 February 1998.