Tamburrini v Advocate General [2006] ScotCS CSOH_169 (01 November 2006)

Tamburrini v Advocate General [2006] ScotCS CSOH_169 (01 November 2006)

The court exercised its discretion under section 19A to allow the time-barred deafness action to proceed, finding that the delay was short, the defender was not significantly prejudiced, the actions were already conjoined, and it would be harsh to require the pursuer to rely solely on a claim against his solicitors.

Citation
[2006] ScotCS CSOH_169
Parties
Pursuer: Barry Tamburrini; Defender: Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
01 November 2006
Procedural Posture
Personal Injury Action / Preliminary Proof on Time Bar (limitation) in Deafness Action
Outcome
Discretion under section 19A exercised; time-barred deafness action allowed to proceed.
Legal Topics
Time Bar, Discretion Under Section 19 a Prescription and Limitation (scotland) Act 1973, Solicitor Negligence, Conjoined Actions
Personal Injury Limitation of Actions Time Bar Discretion Under Section 19 a Prescription and Limitation (scotland) Act 1973 Solicitor Negligence Conjoined Actions

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Parties

Barry Tamburrini

Pursuer

Advocate General for Scotland

Defender

Procedural Posture

Personal Injury Action / Preliminary Proof on Time Bar (limitation) in Deafness Action

Legal Issues

  1. 1 Whether the court should exercise discretion under section 19A of the Prescription and Limitation (Scotland) Act 1973 to allow a time-barred deafness claim to proceed

Ratio Decidendi

The court exercised its discretion under section 19A to allow the time-barred deafness action to proceed, finding that the delay was short, the defender was not significantly prejudiced, the actions were already conjoined, and it would be harsh to require the pursuer to rely solely on a claim against his solicitors.

Court Disposition

Discretion under section 19A exercised; time-barred deafness action allowed to proceed.

Orders

  • Pursuer allowed to bring the deafness action notwithstanding time-bar under section 17.