Murray v National Association Of Round Tables Of Great Britain & Ireland & Ors [2001] ScotCS 270 (23 November 2001)

Murray v National Association Of Round Tables Of Great Britain & Ireland & Ors [2001] ScotCS 270 (23 November 2001)

The pursuer, through her agents, became aware of the identity of both defenders by mid-August 1996, as evidenced by correspondence, and this knowledge was sufficient to commence the three-year limitation period under section 17(2)(b) of the Prescription and Limitation (Scotland) Act 1973. The action, served more...

Source-derived case information.

Citation
[2001] ScotCS 270
Parties
Pursuer and Appellant: Norma Murray; First Defender and Respondent: The National Association of Round Tables of Great Britain and Ireland; Second Defenders and Respondents: Peterhead and District Round Table and office bearers
Jurisdiction
Scotland
Judgment Date
23 November 2001
Procedural Posture
Appeal From Sheriff Court (civil Reparation Action) / Appeal Judgment
Outcome
Appeal refused; action dismissed as time-barred.
Legal Topics
Prescription and Limitation (scotland) Act 1973, Time Bar, Knowledge of Defender's Identity, Unincorporated Associations, Section 17(2)(b)
Civil Procedure Personal Injury Limitation of Actions Prescription and Limitation (scotland) Act 1973 Time Bar Knowledge of Defender's Identity Unincorporated Associations Section 17(2)(b)

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Summary, issues, holding and outcome

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Parties

Norma Murray

Pursuer and Appellant

The National Association of Round Tables of Great Britain and Ireland

First Defender and Respondent

Peterhead and District Round Table and office bearers

Second Defenders and Respondents

Procedural Posture

Appeal From Sheriff Court (civil Reparation Action) / Appeal Judgment

Legal Issues

  1. 1 Whether the pursuer's action for damages was time-barred under section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the pursuer was aware, or should have been aware, of the identity of the defenders within the statutory period
  3. 3 Whether knowledge of the name of an unincorporated association is sufficient for the limitation period to commence

Ratio Decidendi

The pursuer, through her agents, became aware of the identity of both defenders by mid-August 1996, as evidenced by correspondence, and this knowledge was sufficient to commence the three-year limitation period under section 17(2)(b) of the Prescription and Limitation (Scotland) Act 1973. The action, served more than three years later, was therefore time-barred.

Court Disposition

Appeal refused; action dismissed as time-barred.

Orders

  • Recall the interlocutor of the Sheriff dated 19 July 2000.
  • Sustain the defenders' first plea-in-law.