King v. Quarriers [2006] ScotCS CSOH_158 (10 October 2006)

King v. Quarriers [2006] ScotCS CSOH_158 (10 October 2006)

The court held that preliminary proof is the appropriate procedure for determining the time bar and section 19A issues, as these can be addressed without examining the merits. There is no justification for departing from the normal procedure, and the pursuer's arguments based on the nature of the claim and the number of similar cases do not warrant an exception.

Citation
[2006] ScotCS CSOH_158
Parties
Pursuer: George King; Defenders: Quarriers
Jurisdiction
Scotland
Judgment Date
10 October 2006
Procedural Posture
Personal Injury Action / Procedure Roll Hearing on Preliminary Pleas
Outcome
Pursuer's motion for proof before answer refused; preliminary proof allowed on time bar and section 19A issues.
Legal Topics
Limitation of Actions, Equitable Discretion Under Limitation Statutes, Preliminary Proof Procedure
Civil Procedure Personal Injury Limitation of Actions Equitable Discretion Under Limitation Statutes Preliminary Proof Procedure

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 8 Party arguments 2
Sign in to unlock

Parties

George King

Pursuer

Quarriers

Defenders

Procedural Posture

Personal Injury Action / Procedure Roll Hearing on Preliminary Pleas

Legal Issues

  1. 1 Whether the action is time-barred under section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the court should exercise its discretion under section 19A of the 1973 Act to allow the action to proceed if time-barred
  3. 3 Whether a preliminary proof or proof before answer is the appropriate procedure

Ratio Decidendi

The court held that preliminary proof is the appropriate procedure for determining the time bar and section 19A issues, as these can be addressed without examining the merits. There is no justification for departing from the normal procedure, and the pursuer's arguments based on the nature of the claim and the number of similar cases do not warrant an exception.

Court Disposition

Pursuer's motion for proof before answer refused; preliminary proof allowed on time bar and section 19A issues.

Orders

  • Averments regarding apology excluded from probation.
  • Preliminary proof allowed in respect of defenders' first and pursuer's fourth and fifth pleas in law (sections 17 and 19A of the 1973 Act).