FIONA DROUET AND OTHERS AGAINST ANGUS MILLIGAN [2024] ScotCS CSOH_32 (20 March 2024)

FIONA DROUET AND OTHERS AGAINST ANGUS MILLIGAN [2024] ScotCS CSOH_32 (20 March 2024)

The pursuers (other than Emily's siblings) had actual awareness by 12 April 2016 that Emily was suffering from a significant impairment to her mental condition attributable to the defender's conduct. Therefore, the claims are time-barred under section 18 of the 1973 Act. The existence of a strong alternative remedy against the pursuers' former solicitors, combined with the lack of significant prejudice to the defender, means it is not equitable to allow the claims to proceed under section 19A.

Citation
[2024] ScotCS CSOH_32
Parties
Pursuer: Fiona Drouet; Pursuer: Germain Drouet; Pursuer: Eileen Scott Campbell; Pursuer: Iain Scott Campbell; Pursuer: Monique Drouet; Pursuer: Jacky Drouet; Defender: Angus Milligan
Jurisdiction
Scotland
Judgment Date
20 March 2024
Procedural Posture
Personal Injury / Wrongful Death (damages) / Preliminary Proof Before Answer (time Bar Limitation)
Outcome
Claims of all pursuers except Emily's siblings are time-barred and dismissed; siblings' claims may proceed.
Legal Topics
Time Bar, Limitation Period, Damages for Wrongful Death, Constructive Knowledge, Prescription and Limitation (scotland) Act 1973, Damages (scotland) Act 2011, Equitable Discretion Under S19 a
Tort/delict Limitation of Actions Personal Injury Law Time Bar Limitation Period Damages for Wrongful Death Constructive Knowledge Prescription and Limitation (scotland) Act 1973 +2 more

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Parties

Fiona Drouet

Pursuer

Germain Drouet

Pursuer

Eileen Scott Campbell

Pursuer

Iain Scott Campbell

Pursuer

Monique Drouet

Pursuer

Jacky Drouet

Pursuer

Angus Milligan

Defender

Procedural Posture

Personal Injury / Wrongful Death (damages) / Preliminary Proof Before Answer (time Bar Limitation)

Legal Issues

  1. 1 Whether the pursuers' claims (other than those of Emily's siblings) are time-barred under section 18 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the court should exercise its equitable discretion under section 19A of the 1973 Act to allow the claims to proceed despite being time-barred

Ratio Decidendi

The pursuers (other than Emily's siblings) had actual awareness by 12 April 2016 that Emily was suffering from a significant impairment to her mental condition attributable to the defender's conduct. Therefore, the claims are time-barred under section 18 of the 1973 Act. The existence of a strong alternative remedy against the pursuers' former solicitors, combined with the lack of significant prejudice to the defender, means it is not equitable to allow the claims to proceed under section 19A.

Court Disposition

Claims of all pursuers except Emily's siblings are time-barred and dismissed; siblings' claims may proceed.

Orders

  • Dismissal of claims by all pursuers except those brought as parent and guardian of Emily's siblings (Rachel and Calvin)
  • Case to proceed to full proof before answer for siblings' claims