Ayr v. St Andrew's Ambulance Association [1917] ScotLR 160 (22 December 1917)

Ayr v. St Andrew's Ambulance Association [1917] ScotLR 160 (22 December 1917)

The St Andrew's Ambulance Association is not a public authority within the meaning of the Public Authorities Protection Act 1893, as it is not under a legal duty or authority imposed by statute or otherwise to the public; therefore, the limitation period in section 1 of the Act does not apply and the pursuer's claim is not time-barred.

Citation
[1917] ScotLR 160
Parties
Pursuer: James Ayr; Defender: St Andrew's Ambulance Association
Jurisdiction
Scotland
Judgment Date
22 December 1917
Procedural Posture
Personal Injury Action / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor Repelling Time Bar Plea
Outcome
plea of time-bar under Public Authorities Protection Act 1893 repelled; reclaiming note refused; case remitted for proof
Legal Topics
Public Authorities Protection Act 1893, Limitation Period for Actions Against Public Authorities, Definition of Public Authority, Charitable Incorporated Associations and Statutory Protection
Tort Limitation of Actions Charity Law Public Authorities Protection Act 1893 Limitation Period for Actions Against Public Authorities Definition of Public Authority Charitable Incorporated Associations and Statutory Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

James Ayr

Pursuer

St Andrew's Ambulance Association

Defender

Procedural Posture

Personal Injury Action / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor Repelling Time Bar Plea

Legal Issues

  1. 1 Does the Public Authorities Protection Act 1893 apply to an ambulance association incorporated by royal charter?
  2. 2 Is the St Andrew's Ambulance Association a public authority within the meaning of the Act?
  3. 3 Does the limitation period in section 1 of the Act bar the pursuer's claim?

Ratio Decidendi

The St Andrew's Ambulance Association is not a public authority within the meaning of the Public Authorities Protection Act 1893, as it is not under a legal duty or authority imposed by statute or otherwise to the public; therefore, the limitation period in section 1 of the Act does not apply and the pursuer's claim is not time-barred.

Court Disposition

plea of time-bar under Public Authorities Protection Act 1893 repelled; reclaiming note refused; case remitted for proof

Orders

  • First plea-in-law for defenders repelled
  • Reclaiming note refused