Godfrey v. Quarriers [2006] ScotCS CSOH_160 (10 October 2006)

Godfrey v. Quarriers [2006] ScotCS CSOH_160 (10 October 2006)

The pursuer's averments do not disclose a relevant basis for postponing the commencement of the limitation period under section 17, as he was aware of the abuse and its effects for many years and has not explained why it was not reasonably practicable to be aware of the statutory facts earlier. The section 19A averments are also insufficient due to lack of explanation for the delay. Apology averments are irrelevant and excluded from probation.

Citation
[2006] ScotCS CSOH_160
Parties
Pursuer: Andrew Godfrey; Defender: Quarriers
Jurisdiction
Scotland
Judgment Date
10 October 2006
Procedural Posture
Personal Injury Damages Action / Procedure Roll (preliminary Hearing on Relevancy and Limitation)
Outcome
Action dismissed as time-barred; irrelevant averments excluded from probation.
Legal Topics
Limitation Period, Prescription and Limitation (scotland) Act 1973, Section 17, Section 19 a Discretion, Historic Child Abuse, Personal Injuries, Psychological Injury, Objective and Subjective Knowledge Tests
Civil Procedure Personal Injury Limitation of Actions Limitation Period Prescription and Limitation (scotland) Act 1973 Section 17 Section 19 a Discretion Historic Child Abuse +3 more

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Parties

Andrew Godfrey

Pursuer

Quarriers

Defender

Procedural Posture

Personal Injury Damages Action / Procedure Roll (preliminary Hearing on Relevancy and Limitation)

Legal Issues

  1. 1 Whether the pursuer's claim is time-barred under section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the pursuer has pled a relevant case for the court to exercise its discretion under section 19A of the 1973 Act
  3. 3 Whether certain averments (apology) are relevant to the case

Ratio Decidendi

The pursuer's averments do not disclose a relevant basis for postponing the commencement of the limitation period under section 17, as he was aware of the abuse and its effects for many years and has not explained why it was not reasonably practicable to be aware of the statutory facts earlier. The section 19A averments are also insufficient due to lack of explanation for the delay. Apology averments are irrelevant and excluded from probation.

Court Disposition

Action dismissed as time-barred; irrelevant averments excluded from probation.

Orders

  • Averments in article 7 of Condescendence (apology) excluded from probation.
  • Action dismissed as time-barred under section 17 of the Prescription and Limitation (Scotland) Act 1973.