Lannigan v. Glasgow City Council [2004] ScotCS 201 (12 August 2004)

Lannigan v. Glasgow City Council [2004] ScotCS 201 (12 August 2004)

The pursuer failed to satisfy the court that it is equitable to allow the action to proceed out of time under Section 19A, as responsibility for the delay rests with him through his agents, he has an alternative remedy against his solicitors, and the defenders would suffer prejudice by losing their statutory defence and incurring unrecoverable expenses.

Citation
[2004] ScotCS 201
Parties
Pursuer: David Lannigan; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
12 August 2004
Procedural Posture
Personal Injury Negligence Claim / Procedure Roll Hearing on Limitation and Relevancy
Outcome
Action dismissed as time-barred; discretion under Section 19A not exercised in favour of pursuer.
Legal Topics
Limitation of Actions, Vicarious Liability, Negligence in Educational Diagnosis, Equitable Discretion Under Limitation Statutes
Education Law Personal Injury Professional Negligence Limitation of Actions Vicarious Liability Negligence in Educational Diagnosis Equitable Discretion Under Limitation Statutes

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Parties

David Lannigan

Pursuer

Glasgow City Council

Defender

Procedural Posture

Personal Injury Negligence Claim / Procedure Roll Hearing on Limitation and Relevancy

Legal Issues

  1. 1 Whether the action is time-barred under Section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether it is equitable under Section 19A to allow the action to proceed out of time
  3. 3 Whether the pursuer's averments are relevant for proof

Ratio Decidendi

The pursuer failed to satisfy the court that it is equitable to allow the action to proceed out of time under Section 19A, as responsibility for the delay rests with him through his agents, he has an alternative remedy against his solicitors, and the defenders would suffer prejudice by losing their statutory defence and incurring unrecoverable expenses.

Court Disposition

Action dismissed as time-barred; discretion under Section 19A not exercised in favour of pursuer.

Orders

  • Refused to allow the pursuer to bring the action out of time under Section 19A of the Prescription and Limitation (Scotland) Act 1973