MacLehose v Wilson & Anor [2014] ScotCS CSOH_50 (13 March 2014)

MacLehose v Wilson & Anor [2014] ScotCS CSOH_50 (13 March 2014)

The pursuer's claims are time-barred by prescription, as the relevant wrongs and losses occurred or were known more than five years before the action was raised. Executors do not owe the wide duty of care asserted by the pursuer, and the losses claimed are not recoverable in law. The mediation agreement also bars further claims against the executors.

Citation
[2014] ScotCS CSOH_50
Parties
Pursuer: Anne Meldrum Allison MacLehose; Defender: Patrick Collinge Gravatt Wilson; Defender: Charles William Pagan
Jurisdiction
Scotland
Judgment Date
13 March 2014
Procedural Posture
Damages Action (delict/negligence) / Procedure Roll Debate (preliminary Issues, Prescription, Relevancy)
Outcome
Action dismissed (absolvitor granted in favour of defenders)
Legal Topics
Executor Duties, Prescription (limitation of Actions), Professional Negligence, Mediation and Settlement, Causation and Foreseeability, Quantum of Damages
Succession Law Delict (tort) Civil Procedure Executor Duties Prescription (limitation of Actions) Professional Negligence Mediation and Settlement Causation and Foreseeability +1 more

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Parties

Anne Meldrum Allison MacLehose

Pursuer

Patrick Collinge Gravatt Wilson

Defender

Charles William Pagan

Defender

Procedural Posture

Damages Action (delict/negligence) / Procedure Roll Debate (preliminary Issues, Prescription, Relevancy)

Legal Issues

  1. 1 Whether the pursuer's claim against former executors for alleged failures in estate administration is time-barred by prescription under the Prescription and Limitation (Scotland) Act 1973.
  2. 2 Whether the executors owed a duty of care to the pursuer in the circumstances averred.
  3. 3 Whether the losses claimed by the pursuer (legal expenses and repayment of £145,000) are recoverable in law and fact.

Ratio Decidendi

The pursuer's claims are time-barred by prescription, as the relevant wrongs and losses occurred or were known more than five years before the action was raised. Executors do not owe the wide duty of care asserted by the pursuer, and the losses claimed are not recoverable in law. The mediation agreement also bars further claims against the executors.

Court Disposition

Action dismissed (absolvitor granted in favour of defenders)

Orders

  • Sustain first plea in law for defenders (prescription); repel pursuer's pleas in law.