Milnbank Housing Association Ltd v Page & Park & Anor [2001] ScotCS 279 (4 December 2001)

Milnbank Housing Association Ltd v Page & Park & Anor [2001] ScotCS 279 (4 December 2001)

The pursuers' claim as amended was not fundamentally different from the original claim, as both related to breaches of duties in contract and delict concerning the installation and inspection of the flooring system, including the location of services. The original pleadings put the defenders on notice regarding defects in the installation of services, thus interrupting prescription.

Citation
[2001] ScotCS 279
Parties
Pursuer: Milnbank Housing Association Ltd; First Defender: Page & Park; Second Defender: The McCrorie & Glaister Partnership
Jurisdiction
Scotland
Judgment Date
04 December 2001
Procedural Posture
Civil / Preliminary Proof on Time Bar (prescription)
Outcome
Pleas of prescription by both defenders repelled; case remitted to Procedure Roll for further argument.
Legal Topics
Prescription and Limitation, Breach of Contract, Professional Negligence, Building Regulations, Amendment of Pleadings
Contract Law Delict (tort) Construction Law Scottish Civil Procedure Prescription and Limitation Breach of Contract Professional Negligence Building Regulations +1 more

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Parties

Milnbank Housing Association Ltd

Pursuer

Page & Park

First Defender

The McCrorie & Glaister Partnership

Second Defender

Procedural Posture

Civil / Preliminary Proof on Time Bar (prescription)

Legal Issues

  1. 1 Whether the pursuers' amended claim regarding defects in electrical and plumbing services was time-barred under the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the original summons constituted a relevant claim interrupting prescription for obligations relating to services installation

Ratio Decidendi

The pursuers' claim as amended was not fundamentally different from the original claim, as both related to breaches of duties in contract and delict concerning the installation and inspection of the flooring system, including the location of services. The original pleadings put the defenders on notice regarding defects in the installation of services, thus interrupting prescription.

Court Disposition

Pleas of prescription by both defenders repelled; case remitted to Procedure Roll for further argument.

Orders

  • Repel first defenders' third plea-in-law and second defenders' fifth plea-in-law.
  • Remit cause to Procedure Roll on first defenders' motion.