B & Ors v. Murray & Ors [2005] ScotCS CSOH_70 (02 June 2005)

B & Ors v. Murray & Ors [2005] ScotCS CSOH_70 (02 June 2005)

The court held that the limitation periods under section 17 had expired for all pursuers, and that the onus was on the pursuers to show that it would be equitable to allow the actions to proceed under section 19A. The court emphasized the legislative policy behind limitation statutes, the importance of prejudice to the defenders, and the need to assess each case individually. The court found that the delay of decades since the alleged abuse, the loss and deterioration of evidence, and the difficulty of assessing historical standards and events weighed heavily against allowing the actions to proceed. The pursuers' explanations for delay, including psychological effects and ignorance of...

Citation
[2005] ScotCS CSOH_70
Parties
Pursuer: A S or B (AP); Pursuer: D M; Pursuer: J P or W; Defenders: Sister Bernard Mary Murray and Others (including the Congregation of the Poor Sisters of Nazareth)
Jurisdiction
Scotland
Judgment Date
02 June 2005
Procedural Posture
Civil Action for Damages (personal Injury, Abuse) / Preliminary Proof on Time Bar and Section 19 a Discretion Under Prescription and Limitation (scotland) Act 1973
Outcome
Actions dismissed as time-barred; discretion under section 19A not exercised in favour of pursuers.
Legal Topics
Limitation Period, Extension of Time, Abuse in Care Homes, Section 19 a Discretion, Prescription and Limitation (scotland) Act 1973
Civil Procedure Personal Injury Limitation of Actions Limitation Period Extension of Time Abuse in Care Homes Section 19 a Discretion Prescription and Limitation (scotland) Act 1973

Case Brief

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Parties

A S or B (AP)

Pursuer

D M

Pursuer

J P or W

Pursuer

Sister Bernard Mary Murray and Others (including the Congregation of the Poor Sisters of Nazareth)

Defenders

Procedural Posture

Civil Action for Damages (personal Injury, Abuse) / Preliminary Proof on Time Bar and Section 19 a Discretion Under Prescription and Limitation (scotland) Act 1973

Legal Issues

  1. 1 Whether the actions are 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 to allow the actions to proceed despite being time-barred

Ratio Decidendi

The court held that the limitation periods under section 17 had expired for all pursuers, and that the onus was on the pursuers to show that it would be equitable to allow the actions to proceed under section 19A. The court emphasized the legislative policy behind limitation statutes, the importance of prejudice to the defenders, and the need to assess each case individually. The court found that the delay of decades since the alleged abuse, the loss and deterioration of evidence, and the difficulty of assessing historical standards and events weighed heavily against allowing the actions to proceed. The pursuers' explanations for delay, including psychological effects and ignorance of...

Court Disposition

Actions dismissed as time-barred; discretion under section 19A not exercised in favour of pursuers.

Orders

  • All three actions dismissed as time-barred under section 17 of the Prescription and Limitation (Scotland) Act 1973.
  • No exercise of discretion under section 19A to allow actions to proceed.