JA v Glasgow City Council [2008] ScotCS CSOH_27 (14 February 2008)

JA v Glasgow City Council [2008] ScotCS CSOH_27 (14 February 2008)

The pursuer's claim is not time-barred because the only issue is psychiatric damage suffered after 2001, which constitutes a wholly distinct injury arising from the same delict. The limitation period runs from the onset of this psychiatric injury, not from the original abuse. The defenders have had fair notice and are not prejudiced. The Carnegie principle applies and is binding, allowing a separate triennium for the psychiatric injury. Neither section 17 nor section 19A of the Prescription and Limitation (Scotland) Act 1973 are engaged on the pleadings.

Citation
[2008] ScotCS CSOH_27
Parties
Pursuer: J A; Defenders: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
14 February 2008
Procedural Posture
Civil (personal Injury/abuse) / Procedure Roll Debate (preliminary Issues on Time Bar and Limitation)
Outcome
Proof before answer allowed (case to proceed to trial on merits, except Article 5 excluded)
Legal Topics
Time Bar, Limitation Period, Child Abuse, Psychiatric Injury, Prescription and Limitation (scotland) Act 1973
Civil Law Personal Injury Limitation of Actions Time Bar Limitation Period Child Abuse Psychiatric Injury Prescription and Limitation (scotland) Act 1973

Case Brief

Summary, issues, holding and outcome

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Parties

J A

Pursuer

Glasgow City Council

Defenders

Procedural Posture

Civil (personal Injury/abuse) / Procedure Roll Debate (preliminary Issues on Time Bar and Limitation)

Legal Issues

  1. 1 Whether the pursuer's claim for psychiatric injury is time-barred under the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the knowledge provisions under section 17(2)(a) or (b) apply to the pursuer
  3. 3 Whether the court should exercise discretion under section 19A to allow the action to proceed despite being time-barred

Ratio Decidendi

The pursuer's claim is not time-barred because the only issue is psychiatric damage suffered after 2001, which constitutes a wholly distinct injury arising from the same delict. The limitation period runs from the onset of this psychiatric injury, not from the original abuse. The defenders have had fair notice and are not prejudiced. The Carnegie principle applies and is binding, allowing a separate triennium for the psychiatric injury. Neither section 17 nor section 19A of the Prescription and Limitation (Scotland) Act 1973 are engaged on the pleadings.

Court Disposition

Proof before answer allowed (case to proceed to trial on merits, except Article 5 excluded)

Orders

  • Proof before answer allowed on all matters except Article 5
  • Defenders' first plea-in-law repelled