A AGAINST XY LTD [2021] ScotCS CSOH_21 (24 February 2021)

A AGAINST XY LTD [2021] ScotCS CSOH_21 (24 February 2021)

Although the defender would be substantially prejudiced by the removal of the limitation period and exposure to new liability, the pursuer's interest in securing justice for alleged historic child abuse outweighs that prejudice. The action should be allowed to proceed.

Citation
[2021] ScotCS CSOH_21
Parties
Pursuer: A; Defender: XY Limited
Jurisdiction
Scotland
Judgment Date
24 February 2021
Procedural Posture
Civil Action for Damages (historic Child Abuse) / Preliminary Hearing on Limitation/substantial Prejudice Under Limitation (childhood Abuse) (scotland) Act 2017
Outcome
Action allowed to proceed; limitation averments deleted; proof allowed; expenses reserved.
Legal Topics
Historic Child Abuse Claims, Limitation Periods, Substantial Prejudice Safeguard, Vicarious Liability for Criminal Acts, Balancing Exercise Between Prejudice and Pursuer's Interest
Civil Procedure Tort Law Limitation Law Vicarious Liability Historic Child Abuse Claims Limitation Periods Substantial Prejudice Safeguard Vicarious Liability for Criminal Acts +1 more

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 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A

Pursuer

XY Limited

Defender

Procedural Posture

Civil Action for Damages (historic Child Abuse) / Preliminary Hearing on Limitation/substantial Prejudice Under Limitation (childhood Abuse) (scotland) Act 2017

Legal Issues

  1. 1 Whether the defender would be substantially prejudiced if the action proceeds under section 17D(3) of the Prescription and Limitation (Scotland) Act 1973 as amended
  2. 2 Whether the pursuer's interest in the action proceeding outweighs any substantial prejudice to the defender

Ratio Decidendi

Although the defender would be substantially prejudiced by the removal of the limitation period and exposure to new liability, the pursuer's interest in securing justice for alleged historic child abuse outweighs that prejudice. The action should be allowed to proceed.

Court Disposition

Action allowed to proceed; limitation averments deleted; proof allowed; expenses reserved.

Orders

  • Delete limitation averments in Answer 9.
  • Allow a proof (trial) on the merits.