Legal Services Centre Ltd v Miller Samuel LLP & Ors [2006] ScotCS CSOH_191 (15 December 2006)

Legal Services Centre Ltd v Miller Samuel LLP & Ors [2006] ScotCS CSOH_191 (15 December 2006)

The claim is prescribed because the pursuers suffered loss at the date of execution of the lease, when they acquired a less valuable asset due to the alleged negligence, and prescription began to run from that date. The possibility of a third party not enforcing their rights does not postpone the start of prescription.

Citation
[2006] ScotCS CSOH_191
Parties
Pursuer: The Legal Services Centre Limited; Defender: Miller Samuel LLP and Others
Jurisdiction
Scotland
Judgment Date
15 December 2006
Procedural Posture
Civil (professional Negligence, Breach of Contract) / Procedure Roll (debate on Prescription and Relevancy)
Outcome
Claim for breach of contract and negligence held to be prescribed; averments of loss held relevant for proof.
Legal Topics
Prescription of Claims, Breach of Contract by Solicitors, Negligent Drafting of Lease, Quantification of Loss, Relevancy of Averments
Contract Law Professional Negligence Property Law Limitation and Prescription Prescription of Claims Breach of Contract by Solicitors Negligent Drafting of Lease Quantification of Loss +1 more

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Parties

The Legal Services Centre Limited

Pursuer

Miller Samuel LLP and Others

Defender

Procedural Posture

Civil (professional Negligence, Breach of Contract) / Procedure Roll (debate on Prescription and Relevancy)

Legal Issues

  1. 1 Whether the pursuers' claim for breach of contract and negligence is prescribed under section 6 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the pursuers' averments of loss are sufficiently relevant and specified

Ratio Decidendi

The claim is prescribed because the pursuers suffered loss at the date of execution of the lease, when they acquired a less valuable asset due to the alleged negligence, and prescription began to run from that date. The possibility of a third party not enforcing their rights does not postpone the start of prescription.

Court Disposition

Claim for breach of contract and negligence held to be prescribed; averments of loss held relevant for proof.

Orders

  • Withhold from probation certain averments relating to prescription as specified in the judgment.
  • Repel the first plea in law for the defenders and the third plea in law for the pursuers.