Brady & Anor v. Hutton And Philp & Ors [2005] ScotCS CSOH_56 (03 May 2005)

Brady & Anor v. Hutton And Philp & Ors [2005] ScotCS CSOH_56 (03 May 2005)

The claim for personal injuries is time-barred under section 17 of the 1973 Act and is excluded from probation. The remainder of the pursuer's case, based on economic loss from alleged breaches of contract by the defenders, is sufficiently relevant and specified to proceed to proof before answer.

Citation
[2005] ScotCS CSOH_56
Parties
Pursuer: John Brady; Pursuer: Mrs Moira Anderson Grant or Brady; Defenders: Hutton and Philp and Others
Jurisdiction
Scotland
Judgment Date
03 May 2005
Procedural Posture
Civil Breach of Contract / Procedure Roll (pleadings and Preliminary Pleas)
Outcome
Personal injury claim excluded as time-barred; remainder of action allowed to proceed to proof before answer.
Legal Topics
Breach of Contract by Professional Advisers, Time Bar (limitation Period) Under Prescription and Limitation (scotland) Act 1973, Specification and Relevancy of Pleadings, Damages for Economic Loss and Personal Injury
Contract Law Professional Negligence Limitation of Actions Breach of Contract by Professional Advisers Time Bar (limitation Period) Under Prescription and Limitation (scotland) Act 1973 Specification and Relevancy of Pleadings Damages for Economic Loss and Personal Injury

Case Brief

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Parties

John Brady

Pursuer

Mrs Moira Anderson Grant or Brady

Pursuer

Hutton and Philp and Others

Defenders

Procedural Posture

Civil Breach of Contract / Procedure Roll (pleadings and Preliminary Pleas)

Legal Issues

  1. 1 Whether the action is time-barred under section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the pleadings disclose a relevant case of breach of contract and causation of loss
  3. 3 Whether the claim for personal injuries is time-barred and should be excluded from probation

Ratio Decidendi

The claim for personal injuries is time-barred under section 17 of the 1973 Act and is excluded from probation. The remainder of the pursuer's case, based on economic loss from alleged breaches of contract by the defenders, is sufficiently relevant and specified to proceed to proof before answer.

Court Disposition

Personal injury claim excluded as time-barred; remainder of action allowed to proceed to proof before answer.

Orders

  • Exclude from probation the passage relating to anxiety, distress, and ill-health (personal injury) damages.
  • Allow proof before answer on the remainder of the pursuer's averments.