GRACIE, BRIAN ALEXANDER GRACIE AGAINST CITY OF EDINBURGH COUNCIL [2019] ScotCS CSOH_6 (24 January 2019)

GRACIE, BRIAN ALEXANDER GRACIE AGAINST CITY OF EDINBURGH COUNCIL [2019] ScotCS CSOH_6 (24 January 2019)

The pursuer's pleadings are insufficient in law to establish a relevant case of fault or to justify postponement of the limitation period under section 17(2)(b) of the 1973 Act. The action is both irrelevant and time-barred and must be dismissed.

Citation
[2019] ScotCS CSOH_6
Parties
Pursuer: Brian Alexander Gracie; Defender: City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
24 January 2019
Procedural Posture
Personal Injury Action / Procedure Roll Debate (motion to Dismiss)
Outcome
Action dismissed
Legal Topics
Negligence, Duty of Care, Limitation Periods, Time Bar, School Liability
Tort Personal Injury Limitation of Actions Negligence Duty of Care Limitation Periods Time Bar School Liability

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Parties

Brian Alexander Gracie

Pursuer

City of Edinburgh Council

Defender

Procedural Posture

Personal Injury Action / Procedure Roll Debate (motion to Dismiss)

Legal Issues

  1. 1 Whether the pursuer has pled a relevant case of breach of duty against the defender
  2. 2 Whether the pursuer has pled a relevant case that he was not aware, and could not reasonably have become aware, of the material facts until a date less than 3 years before the action was raised

Ratio Decidendi

The pursuer's pleadings are insufficient in law to establish a relevant case of fault or to justify postponement of the limitation period under section 17(2)(b) of the 1973 Act. The action is both irrelevant and time-barred and must be dismissed.

Court Disposition

Action dismissed

Orders

  • Sustain defender’s first and second pleas-in-law (time bar and relevancy)
  • Dismiss the action