A v N [2008] ScotCS CSOH_165 (05 December 2008)

A v N [2008] ScotCS CSOH_165 (05 December 2008)

The court held that, balancing all relevant factors, it was equitable to allow the pursuer's action to proceed under section 19A despite being time barred. The delay was minimal, evidence was preserved, and the pursuer's conduct was explained by the abuse suffered. The existence of a potential claim against solicitors was not conclusive. The defender would not suffer real prejudice, and the interests of justice favoured allowing the proof.

Citation
[2008] ScotCS CSOH_165
Parties
Pursuer: A; Defender: N
Jurisdiction
Scotland
Judgment Date
05 December 2008
Procedural Posture
Civil (reparation/damages) / Interlocutory (limitation/section 19 a Application)
Outcome
Section 19A discretion exercised in favour of pursuer; limitation defence disapplied; proof allowed.
Legal Topics
Sexual Abuse, Limitation Period, Section 19 a Discretion, Negligence of Solicitors, Equitable Relief
Tort Limitation of Actions Personal Injury Sexual Abuse Limitation Period Section 19 a Discretion Negligence of Solicitors Equitable Relief

Case Brief

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Parties

A

Pursuer

N

Defender

Procedural Posture

Civil (reparation/damages) / Interlocutory (limitation/section 19 a Application)

Legal Issues

  1. 1 Whether the pursuer's claim for damages for sexual abuse is time barred under section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the court should exercise its discretion under section 19A to allow the action to proceed despite being time barred
  3. 3 Whether the existence of a potential claim against negligent solicitors precludes the exercise of discretion under section 19A

Ratio Decidendi

The court held that, balancing all relevant factors, it was equitable to allow the pursuer's action to proceed under section 19A despite being time barred. The delay was minimal, evidence was preserved, and the pursuer's conduct was explained by the abuse suffered. The existence of a potential claim against solicitors was not conclusive. The defender would not suffer real prejudice, and the interests of justice favoured allowing the proof.

Court Disposition

Section 19A discretion exercised in favour of pursuer; limitation defence disapplied; proof allowed.

Orders

  • Defender's first and second pleas in law repelled.
  • Pursuer's first plea in law repelled.