Kleinwort Benson v. City Glasgow Council [2002] ScotCS 132 (10th May, 2002)

Kleinwort Benson v. City Glasgow Council [2002] ScotCS 132 (10th May, 2002)

Section 35 of the Limitation Act 1980 is an integral part of the English law of limitation and must be applied by the Scottish court under section 23A of the Prescription and Limitation (Scotland) Act 1973. The Scottish procedural rules on amendment and adjustment do not override the imported English limitation rules. Whether the English law claims are time-barred or can be incorporated depends on the application of section 35, which may require further proof.

Citation
[2002] ScotCS 132
Parties
Pursuer: Kleinwort Benson Limited; Defender: City of Glasgow Council
Jurisdiction
Scotland
Procedural Posture
Commercial Action (restitution/repetition) / Debate on Limitation and Amendment of Pleadings
Outcome
Interlocutor to be corrected to expressly recall the sist; section 35 of the Limitation Act 1980 applies; further proof may be required to determine application to the facts.
Legal Topics
Limitation of Actions, Restitution, Ultra Vires Contracts, Mistake of Law, Amendment of Pleadings
Private International Law Contract Law Civil Procedure Limitation of Actions Restitution Ultra Vires Contracts Mistake of Law Amendment of Pleadings

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Parties

Kleinwort Benson Limited

Pursuer

City of Glasgow Council

Defender

Procedural Posture

Commercial Action (restitution/repetition) / Debate on Limitation and Amendment of Pleadings

Legal Issues

  1. 1 Whether English law or Scots law limitation rules apply to claims for restitution under ultra vires contracts
  2. 2 Whether section 35 of the Limitation Act 1980 (England) forms part of the 'relevant rules' to be applied under section 23A of the Prescription and Limitation (Scotland) Act 1973
  3. 3 Whether the amendment to introduce English law claims was time-barred or procedurally effective

Ratio Decidendi

Section 35 of the Limitation Act 1980 is an integral part of the English law of limitation and must be applied by the Scottish court under section 23A of the Prescription and Limitation (Scotland) Act 1973. The Scottish procedural rules on amendment and adjustment do not override the imported English limitation rules. Whether the English law claims are time-barred or can be incorporated depends on the application of section 35, which may require further proof.

Court Disposition

Interlocutor to be corrected to expressly recall the sist; section 35 of the Limitation Act 1980 applies; further proof may be required to determine application to the facts.

Orders

  • Interlocutor of 5 October 2000 to be corrected to include recall of the sist.
  • Application of section 35 of the Limitation Act 1980 to be determined after proof, if necessary.