Mack v. Glasgow City Council [2006] ScotCS CSIH_18 (30 March 2006)

Mack v. Glasgow City Council [2006] ScotCS CSIH_18 (30 March 2006)

A claim for damages for inconvenience arising from breach of contract does not constitute a claim for personal injuries under section 17 of the Prescription and Limitation (Scotland) Act 1973. Inconvenience is a recoverable head of general damages for breach of contract, regardless of whether the pursuer is a natural person or a body corporate, and is not to be conflated with personal injury.

Citation
[2006] ScotCS CSIH_18
Parties
Pursuer and Respondent: Angela Mack; Defenders and Appellants: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
30 March 2006
Procedural Posture
Appeal / Appeal From Sheriff Principal's Interlocutor to Inner House, Court of Session
Outcome
Appeal refused; interlocutor of the sheriff principal adhered to.
Legal Topics
Damages for Inconvenience, Limitation of Actions, Personal Injuries Definition, Breach of Contract
Contract Law Civil Procedure Damages for Inconvenience Limitation of Actions Personal Injuries Definition Breach of Contract

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Parties

Angela Mack

Pursuer and Respondent

Glasgow City Council

Defenders and Appellants

Procedural Posture

Appeal / Appeal From Sheriff Principal's Interlocutor to Inner House, Court of Session

Legal Issues

  1. 1 Whether a claim for damages for inconvenience arising from breach of contract constitutes a claim for 'personal injuries' under section 17 of the Prescription and Limitation (Scotland) Act 1973

Ratio Decidendi

A claim for damages for inconvenience arising from breach of contract does not constitute a claim for personal injuries under section 17 of the Prescription and Limitation (Scotland) Act 1973. Inconvenience is a recoverable head of general damages for breach of contract, regardless of whether the pursuer is a natural person or a body corporate, and is not to be conflated with personal injury.

Court Disposition

Appeal refused; interlocutor of the sheriff principal adhered to.

Orders

  • The appeal is refused.
  • The interlocutor of the sheriff principal dated 4 August 2005 is adhered to.