Kelly v. COX & Anor [2004] ScotCS 175 (08 July 2004)

Kelly v. COX & Anor [2004] ScotCS 175 (08 July 2004)

The obligation to make reparation for personal injuries arising from the abuse ceased at the end of 1961, and the prescriptive period began then. The later psychological illness did not constitute a separate damnum or obligation. The pursuer's right of action was extinguished by the operation of the long negative prescription at the end of 1981.

Citation
[2004] ScotCS 175
Parties
Pursuer and Reclaimer: Joseph Philip McGrath Kelly (A. P.); First Defender and Respondent: Mrs. Mary Cox; Second Defender and Respondent: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
08 July 2004
Procedural Posture
Reclaiming Motion / Appeal From Lord Ordinary
Outcome
Reclaiming motion refused; interlocutor of Lord Ordinary adhered to.
Legal Topics
Long Negative Prescription, Limitation of Actions, Childhood Abuse, Reparation
Civil Law Personal Injury Prescription Long Negative Prescription Limitation of Actions Childhood Abuse Reparation

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Parties

Joseph Philip McGrath Kelly (A. P.)

Pursuer and Reclaimer

Mrs. Mary Cox

First Defender and Respondent

Glasgow City Council

Second Defender and Respondent

Procedural Posture

Reclaiming Motion / Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the pursuer's right of action for damages for personal injuries was extinguished by the operation of the long negative prescription under the Prescription and Limitation (Scotland) Act 1973

Ratio Decidendi

The obligation to make reparation for personal injuries arising from the abuse ceased at the end of 1961, and the prescriptive period began then. The later psychological illness did not constitute a separate damnum or obligation. The pursuer's right of action was extinguished by the operation of the long negative prescription at the end of 1981.

Court Disposition

Reclaiming motion refused; interlocutor of Lord Ordinary adhered to.

Orders

  • Reclaiming motion refused
  • Interlocutor of Lord Ordinary adhered to