Humphrey v Royal & Sun Alliance Plc [2004] ScotSC 73 (10 November 2004)

Humphrey v Royal & Sun Alliance Plc [2004] ScotSC 73 (10 November 2004)

The plea of time-bar is a preliminary plea requiring compliance with rule 22.1. However, the defenders' failure to lodge a rule 22 note was due to an excusable mistake, and relief should be granted under rule 2.1, allowing the defenders to insist on their time-bar plea. The sheriff's interlocutor is recalled, and a new options hearing is to be fixed.

Citation
[2004] ScotSC 73
Parties
Pursuer and Respondent: Alan Paul Humphrey; Defenders and Appellants: Royal & Sun Alliance Plc
Jurisdiction
Scotland
Judgment Date
10 November 2004
Procedural Posture
Civil Personal Injury (road Traffic Accident) / Appeal From Interlocutor at Options Hearing
Outcome
Appeal sustained. Sheriff’s interlocutor recalled. Relief granted to defenders under rule 2.1. New options hearing to be fixed. Defenders found liable in expenses of the appeal. Motion to sanction counsel for pursuer refused. Cause remitted to sheriff to proceed as accords.
Legal Topics
Time Bar, Limitation of Actions, Prescription and Limitation (scotland) Act 1973, Ordinary Cause Rules, Procedural Relief
Civil Procedure Personal Injury Insurance Law Time Bar Limitation of Actions Prescription and Limitation (scotland) Act 1973 Ordinary Cause Rules Procedural Relief

Case Brief

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Parties

Alan Paul Humphrey

Pursuer and Respondent

Royal & Sun Alliance Plc

Defenders and Appellants

Procedural Posture

Civil Personal Injury (road Traffic Accident) / Appeal From Interlocutor at Options Hearing

Legal Issues

  1. 1 Whether a plea of time-bar under section 17 of the Prescription and Limitation (Scotland) Act 1973 is a preliminary plea requiring compliance with rule 22.1 of the Ordinary Cause Rules
  2. 2 Whether relief should be granted under rule 2.1 for failure to lodge a rule 22 note

Ratio Decidendi

The plea of time-bar is a preliminary plea requiring compliance with rule 22.1. However, the defenders' failure to lodge a rule 22 note was due to an excusable mistake, and relief should be granted under rule 2.1, allowing the defenders to insist on their time-bar plea. The sheriff's interlocutor is recalled, and a new options hearing is to be fixed.

Court Disposition

Appeal sustained. Sheriff’s interlocutor recalled. Relief granted to defenders under rule 2.1. New options hearing to be fixed. Defenders found liable in expenses of the appeal. Motion to sanction counsel for pursuer refused. Cause remitted to sheriff to proceed as accords.

Orders

  • Recall of sheriff's interlocutor dated 29 June 2004
  • Sheriff clerk to fix new date for options hearing under rule 9.12