Findleton v. Quarriers [2006] ScotCS CSOH_161 (10 October 2006)

Findleton v. Quarriers [2006] ScotCS CSOH_161 (10 October 2006)

Preliminary proof is appropriate for the time bar and section 19A issues, as these can be separated from the merits; there is no justification for departing from normal procedure; apology averments are irrelevant and excluded from probation.

Citation
[2006] ScotCS CSOH_161
Parties
Pursuer: Colin Findleton; Defenders: Quarriers
Jurisdiction
Scotland
Judgment Date
10 October 2006
Procedural Posture
Personal Injury Damages / Procedure Roll Hearing
Outcome
Pursuer's motion for proof before answer refused; preliminary proof allowed on time bar and section 19A pleas; apology averments excluded from probation.
Legal Topics
Time Bar, Section 17 and 19 a Prescription and Limitation (scotland) Act 1973, Child Abuse Claims, Procedural Discretion
Personal Injury Limitation of Actions Time Bar Section 17 and 19 a Prescription and Limitation (scotland) Act 1973 Child Abuse Claims Procedural Discretion

Case Brief

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Parties

Colin Findleton

Pursuer

Quarriers

Defenders

Procedural Posture

Personal Injury Damages / Procedure Roll Hearing

Legal Issues

  1. 1 Whether the action is time barred under section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the action should proceed under section 19A of the 1973 Act
  3. 3 Whether preliminary proof or proof before answer is appropriate

Ratio Decidendi

Preliminary proof is appropriate for the time bar and section 19A issues, as these can be separated from the merits; there is no justification for departing from normal procedure; apology averments are irrelevant and excluded from probation.

Court Disposition

Pursuer's motion for proof before answer refused; preliminary proof allowed on time bar and section 19A pleas; apology averments excluded from probation.

Orders

  • Allow preliminary proof in respect of defenders' first and pursuer's third and fourth pleas in law (sections 17 and 19A of the 1973 Act).
  • Exclude article 6 of Condescendence (apology averments) from probation.