Nicolson v Tait & Peterson & Ors [2001] ScotCS 129 (29 May 2001)

Nicolson v Tait & Peterson & Ors [2001] ScotCS 129 (29 May 2001)

The prescriptive period under section 7 of the Prescription and Limitation (Scotland) Act 1973 begins to run when the resumption order is implemented and the pursuer's rights are actually extinguished, not merely when the order is pronounced. The pleadings did not specify the date of implementation, which is the material date for prescription.

Citation
[2001] ScotCS 129
Parties
Pursuer: Robert James Nicolson; Defenders: Tait & Peterson and George Sholto Peterson and Eric Spence Peterson, as the whole partners thereof and as individuals
Jurisdiction
Scotland
Judgment Date
29 May 2001
Procedural Posture
Civil (damages for Breach of Contract and Negligence) / Interlocutory Decision on Prescription Plea
Outcome
Motion to amend pleadings granted; no final disposal of the action at this stage.
Legal Topics
Breach of Contract by Solicitors, Professional Negligence, Prescription and Limitation (scotland) Act 1973, Resumption of Croft Land, Compensation for Loss of Grazing Rights
Contract Law Professional Negligence Property Law Prescription (limitation of Actions) Breach of Contract by Solicitors Prescription and Limitation (scotland) Act 1973 Resumption of Croft Land Compensation for Loss of Grazing Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Robert James Nicolson

Pursuer

Tait & Peterson and George Sholto Peterson and Eric Spence Peterson, as the whole partners thereof and as individuals

Defenders

Procedural Posture

Civil (damages for Breach of Contract and Negligence) / Interlocutory Decision on Prescription Plea

Legal Issues

  1. 1 Whether the pursuer's claim for damages against solicitors for breach of contract and negligence has been extinguished by prescription under section 7 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 When the prescriptive period began to run for the purposes of section 7

Ratio Decidendi

The prescriptive period under section 7 of the Prescription and Limitation (Scotland) Act 1973 begins to run when the resumption order is implemented and the pursuer's rights are actually extinguished, not merely when the order is pronounced. The pleadings did not specify the date of implementation, which is the material date for prescription.

Court Disposition

Motion to amend pleadings granted; no final disposal of the action at this stage.

Orders

  • Pursuer allowed until 11 June 2001 to lodge a proposed minute of amendment.
  • Case appointed to the By Order roll of 13 June 2001 for further procedure.