Carnegie v Ministry Of Defence [2001] ScotCS 75 (28 March 2001)

Carnegie v Ministry Of Defence [2001] ScotCS 75 (28 March 2001)

Evidence of mistreatment in Northern Ireland, other than the specific assault averred, was not covered by the pleadings and was properly objected to in time; thus, it was inadmissible. The claim for physical injuries from assaults prior to the triennium is time-barred. However, psychological injuries developing in...

Source-derived case information.

Citation
[2001] ScotCS 75
Parties
Pursuer and Respondent: Andrew Carnegie (A. P.); Defender and Reclaimer: The Lord Advocate as representing the Ministry of Defence
Jurisdiction
Scotland
Judgment Date
28 March 2001
Procedural Posture
Reclaiming Motion and Cross Appeal in Civil Damages Action / Appeal From Preliminary Proof on Time Bar Under Prescription and Limitation (scotland) Act 1973
Outcome
Reclaiming motion and cross-appeal both allowed. Lord Ordinary's interlocutor retained, plea to time-bar repelled, proof before answer ordered, but with deletion of certain averments relating to time-barred physical injuries.
Legal Topics
Prescription and Limitation (scotland) Act 1973, Time Bar, Personal Injuries, Continuing Cause of Action, Psychological Injury, Pleadings and Fair Notice
Civil Procedure Personal Injury Limitation of Actions Prescription and Limitation (scotland) Act 1973 Time Bar Personal Injuries Continuing Cause of Action Psychological Injury +1 more

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Summary, issues, holding and outcome

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Parties

Andrew Carnegie (A. P.)

Pursuer and Respondent

The Lord Advocate as representing the Ministry of Defence

Defender and Reclaimer

Procedural Posture

Reclaiming Motion and Cross Appeal in Civil Damages Action / Appeal From Preliminary Proof on Time Bar Under Prescription and Limitation (scotland) Act 1973

Legal Issues

  1. 1 Whether the pursuer's claim for damages is time-barred under section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether evidence of mistreatment in Northern Ireland was admissible given the pleadings
  3. 3 Whether psychological injury arising in 1992 constitutes a distinct injury for limitation purposes

Ratio Decidendi

Evidence of mistreatment in Northern Ireland, other than the specific assault averred, was not covered by the pleadings and was properly objected to in time; thus, it was inadmissible. The claim for physical injuries from assaults prior to the triennium is time-barred. However, psychological injuries developing in May 1992 are distinct and not time-barred, allowing the action to proceed to proof on that basis.

Court Disposition

Reclaiming motion and cross-appeal both allowed. Lord Ordinary's interlocutor retained, plea to time-bar repelled, proof before answer ordered, but with deletion of certain averments relating to time-barred physical injuries.

Orders

  • Allow reclaiming motion and cross-appeal
  • Retain Lord Ordinary's interlocutor repelling plea to time-bar