Johnston v. The Scottish Ministers [2005] ScotCS CSOH_68 (27 May 2005)

Johnston v. The Scottish Ministers [2005] ScotCS CSOH_68 (27 May 2005)

The promulgation of the 1986 Order was a completed act in 1986 and not a continuing act for the purposes of prescription. The pursuer's claim is time-barred as the obligation to make reparation arose in 1986 when loss was first sustained, and the action was not raised until 1995. No relevant duty to review the Order arises on the pleadings.

Citation
[2005] ScotCS CSOH_68
Parties
Pursuer: Nigel Maurice Johnston; Defenders: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
27 May 2005
Procedural Posture
Civil (damages for Breach of EU Law) / Outer House, Court of Session – Decision on Preliminary Pleas (time Bar/prescription)
Outcome
Action dismissed as time-barred (prescribed).
Legal Topics
Prescription and Limitation, Ultra Vires Orders, Discrimination Under EU Law, Duty to Review Legislation, Proportionality, Right to Property
Administrative Law European Union Law Fisheries Law Civil Procedure Prescription and Limitation Ultra Vires Orders Discrimination Under EU Law Duty to Review Legislation +2 more

Case Brief

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Parties

Nigel Maurice Johnston

Pursuer

Scottish Ministers

Defenders

Procedural Posture

Civil (damages for Breach of EU Law) / Outer House, Court of Session – Decision on Preliminary Pleas (time Bar/prescription)

Legal Issues

  1. 1 Whether the pursuer's claim for damages arising from the 1986 Order is time-barred by prescription under the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the making and maintenance of the 1986 Order constituted a continuing act, neglect or default for the purposes of section 11(2) of the 1973 Act
  3. 3 Whether there was a duty on the defenders to keep the 1986 Order under review for compliance with EU law

Ratio Decidendi

The promulgation of the 1986 Order was a completed act in 1986 and not a continuing act for the purposes of prescription. The pursuer's claim is time-barred as the obligation to make reparation arose in 1986 when loss was first sustained, and the action was not raised until 1995. No relevant duty to review the Order arises on the pleadings.

Court Disposition

Action dismissed as time-barred (prescribed).

Orders

  • Sustain the first and second pleas in law for the defenders.
  • Dismiss the action.