MP v O'Neill & Ors [2006] ScotCS CSOH_93 (16 June 2006)

MP v O'Neill & Ors [2006] ScotCS CSOH_93 (16 June 2006)

The court held that the relevant injuries for limitation purposes are the psychological injuries now pled by the pursuer. The triennium runs from when the pursuer became, or could reasonably have become, aware of the existence, seriousness, and attribution of those psychological injuries to the alleged abuse. The pursuer's awareness is assessed subjectively and objectively, but reluctance to come forward is only relevant if it makes it not reasonably practicable to become aware. The pursuer's claim for psychological injury is not time-barred if she was not aware, and could not reasonably have been aware, of the seriousness and attribution of her psychological injuries before 1997–1998.

Citation
[2006] ScotCS CSOH_93
Parties
Pursuer: M P (AP); Defenders: Sister Zoe O'Neill and Others
Jurisdiction
Scotland
Judgment Date
16 June 2006
Procedural Posture
Personal Injury (historic Child Abuse) / Preliminary Proof on Time Bar Under Sections 17 and 19 a of the Prescription and Limitation (scotland) Act 1973
Outcome
Action not time-barred in respect of psychological injuries; proof allowed to proceed on merits.
Legal Topics
Time Bar, Limitation Period, Prescription, Child Abuse Claims, Psychological Injury, Constructive Knowledge
Civil Procedure Personal Injury Limitation of Actions Time Bar Limitation Period Prescription Child Abuse Claims Psychological Injury +1 more

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Parties

M P (AP)

Pursuer

Sister Zoe O'Neill and Others

Defenders

Procedural Posture

Personal Injury (historic Child Abuse) / Preliminary Proof on Time Bar Under Sections 17 and 19 a of the Prescription and Limitation (scotland) Act 1973

Legal Issues

  1. 1 Whether the pursuer's action is time-barred under section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the pursuer had actual or constructive awareness of psychological injuries and their attribution to alleged abuse at the Home
  3. 3 Whether psychological injuries are distinct from physical injuries for limitation purposes

Ratio Decidendi

The court held that the relevant injuries for limitation purposes are the psychological injuries now pled by the pursuer. The triennium runs from when the pursuer became, or could reasonably have become, aware of the existence, seriousness, and attribution of those psychological injuries to the alleged abuse. The pursuer's awareness is assessed subjectively and objectively, but reluctance to come forward is only relevant if it makes it not reasonably practicable to become aware. The pursuer's claim for psychological injury is not time-barred if she was not aware, and could not reasonably have been aware, of the seriousness and attribution of her psychological injuries before 1997–1998.

Court Disposition

Action not time-barred in respect of psychological injuries; proof allowed to proceed on merits.

Orders

  • Proof allowed on the merits of the pursuer's claim for psychological injury.