Highlands and Islands Airports Ltd v Shetland Islands Council [2015] ScotCS CSIH_30 (21 April 2015)

Highlands and Islands Airports Ltd v Shetland Islands Council [2015] ScotCS CSIH_30 (21 April 2015)

Declaratory conclusions that specify the nature of the liability and loss, even without quantified damages, constitute a relevant claim under the Prescription and Limitation (Scotland) Act 1973, interrupting prescription. The action gave fair notice and was raised within the prescriptive period.

Citation
[2015] ScotCS CSIH_30
Parties
Pursuer and Respondent: Highlands and Islands Airports Limited; Defender and Reclaimer: Shetland Islands Council
Jurisdiction
Scotland
Judgment Date
21 April 2015
Procedural Posture
Reclaiming Motion (appeal) / Inner House, Court of Session, Post Interlocutor
Outcome
Reclaiming motion refused
Legal Topics
Prescription, Limitation of Actions, Declaratory Relief, Interpretation of Statutes
Contract Law Delict Civil Procedure Prescription Limitation of Actions Declaratory Relief Interpretation of Statutes

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Parties

Highlands and Islands Airports Limited

Pursuer and Respondent

Shetland Islands Council

Defender and Reclaimer

Procedural Posture

Reclaiming Motion (appeal) / Inner House, Court of Session, Post Interlocutor

Legal Issues

  1. 1 Whether declaratory conclusions constitute a 'relevant claim' under sections 6 and 9 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the action interrupted the running of prescription despite absence of quantified damages

Ratio Decidendi

Declaratory conclusions that specify the nature of the liability and loss, even without quantified damages, constitute a relevant claim under the Prescription and Limitation (Scotland) Act 1973, interrupting prescription. The action gave fair notice and was raised within the prescriptive period.

Court Disposition

Reclaiming motion refused

Orders

  • Proof before answer allowed
  • Defender's fourth and fifth pleas in law repelled