Richardson v Quercus Ltd [1998] ScotCS 112 (24 December 1998)
The defenders' actions and correspondence, including remedial works and letters, constituted relevant acknowledgement of the obligation to make reparation within the statutory period, preventing extinction by prescription.
- Citation
- [1998] ScotCS 112
- Parties
- Pursuer and Respondent: Timothy R. Richardson; Defenders and Reclaimers: Quercus Limited
- Jurisdiction
- Scotland
- Judgment Date
- 24 December 1998
- Procedural Posture
- Reparation Action / Reclaiming Motion (appeal)
- Outcome
- Reclaiming motion refused; original award of damages upheld.
- Legal Topics
- Prescription, Liability for Damage, Acknowledgement of Obligation, Remedial Works, Negative Prescription
Case Brief
Summary, issues, holding and outcome
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Parties
Timothy R. Richardson
Pursuer and Respondent
Quercus Limited
Defenders and Reclaimers
Procedural Posture
Reparation Action / Reclaiming Motion (appeal)
Legal Issues
- 1 Whether the obligation to make reparation was extinguished by prescription under the Prescription and Limitation (Scotland) Act 1973
- 2 Whether the defenders' actions or correspondence constituted relevant acknowledgement of the obligation under section 10(1)(a) and (b) of the Act
Ratio Decidendi
The defenders' actions and correspondence, including remedial works and letters, constituted relevant acknowledgement of the obligation to make reparation within the statutory period, preventing extinction by prescription.
Court Disposition
Reclaiming motion refused; original award of damages upheld.
Orders
- Defenders' plea of prescription rejected.
- Award of damages to pursuer maintained.
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