Tudhope v. Park (t/a Park Hutchison, Solicitors) [2004] ScotCS 3 (07 January 2004)

Tudhope v. Park (t/a Park Hutchison, Solicitors) [2004] ScotCS 3 (07 January 2004)

An action for professional negligence against a solicitor for failure to raise a personal injuries claim timeously does not fall within the scope of Chapter 43 personal injuries procedure, as it is not an action for damages for personal injuries or arising from personal injuries within the meaning of the Rules; the damages sought are for loss of a right, not for the injuries themselves.

Citation
[2004] ScotCS 3
Parties
Pursuer: John Tudhope; Defender: Finlay Park, trading as Park Hutchison, Solicitors
Jurisdiction
Scotland
Judgment Date
07 January 2004
Procedural Posture
Civil Professional Negligence / Interlocutory Motion Regarding Procedure Under Chapter 43
Outcome
Defender's motion granted; cause to proceed as an ordinary action.
Legal Topics
Scope of Personal Injuries Procedure, Application of Chapter 43 Rules, Professional Negligence by Solicitors
Civil Procedure Professional Negligence Scope of Personal Injuries Procedure Application of Chapter 43 Rules Professional Negligence by Solicitors

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Parties

John Tudhope

Pursuer

Finlay Park, trading as Park Hutchison, Solicitors

Defender

Procedural Posture

Civil Professional Negligence / Interlocutory Motion Regarding Procedure Under Chapter 43

Legal Issues

  1. 1 Whether an action for professional negligence against a solicitor for failure to raise a personal injuries claim timeously falls within the scope of Chapter 43 personal injuries procedure

Ratio Decidendi

An action for professional negligence against a solicitor for failure to raise a personal injuries claim timeously does not fall within the scope of Chapter 43 personal injuries procedure, as it is not an action for damages for personal injuries or arising from personal injuries within the meaning of the Rules; the damages sought are for loss of a right, not for the injuries themselves.

Court Disposition

Defender's motion granted; cause to proceed as an ordinary action.

Orders

  • Cause withdrawn from Chapter 43 procedure and appointed to proceed as an ordinary action under Rule of Court 43.5.