A AND OTHERS AGAINST GLASGOW CITY COUNCIL [2018] ScotCS CSOH_116 (09 November 2018)

A AND OTHERS AGAINST GLASGOW CITY COUNCIL [2018] ScotCS CSOH_116 (09 November 2018)

The balance of equities strongly favours the pursuers: the only prejudice to the defenders is loss of the timebar defence, the claims are not stale, the defenders have fully investigated and accepted liability, and refusal would cause significant prejudice and psychological harm to the pursuers, especially given their mental health and the need to sue their own solicitors. The s 19A discretion should be exercised to allow the action to proceed.

Citation
[2018] ScotCS CSOH_116
Parties
Pursuers: A and Others; Defenders: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
09 November 2018
Procedural Posture
Personal Injury Reparation (damages) / Proof Before Answer on S 19 a Prescription and Limitation (scotland) Act 1973 Application
Outcome
Application granted; action allowed to proceed under s 19A.
Legal Topics
Prescription and Limitation (scotland) Act 1973 S 17, S 18, S 19 a, Timebar, Professional Negligence, Equitable Discretion, Reparation
Civil Procedure Personal Injury Limitation of Actions Prescription and Limitation (scotland) Act 1973 S 17, S 18, S 19 a Timebar Professional Negligence Equitable Discretion Reparation

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Parties

A and Others

Pursuers

Glasgow City Council

Defenders

Procedural Posture

Personal Injury Reparation (damages) / Proof Before Answer on S 19 a Prescription and Limitation (scotland) Act 1973 Application

Legal Issues

  1. 1 Whether the court should exercise its discretion under s 19A of the Prescription and Limitation (Scotland) Act 1973 to allow the pursuers' timebarred claims to proceed
  2. 2 Whether the balance of equities favours the pursuers despite the procedural failure of their solicitors

Ratio Decidendi

The balance of equities strongly favours the pursuers: the only prejudice to the defenders is loss of the timebar defence, the claims are not stale, the defenders have fully investigated and accepted liability, and refusal would cause significant prejudice and psychological harm to the pursuers, especially given their mental health and the need to sue their own solicitors. The s 19A discretion should be exercised to allow the action to proceed.

Court Disposition

Application granted; action allowed to proceed under s 19A.

Orders

  • The pursuers’ claims are allowed to proceed notwithstanding the timebar under sections 17 and 18 of the Prescription and Limitation (Scotland) Act 1973.