Harrison v. West Of Scotland Kart Club & Ors [2008] ScotCS CSOH_33 (21 February 2008)

Harrison v. West Of Scotland Kart Club & Ors [2008] ScotCS CSOH_33 (21 February 2008)

The action against the 16 additional individuals is time-barred under section 17(2) of the Prescription and Limitation (Scotland) Act 1973 because the original summons did not attribute individual fault to them, and they were only introduced as defenders by the Minute of Amendment after the expiry of the triennium. The court declined to exercise its discretion under section 19A to allow the action to proceed against them, as the delay was unexplained, the pursuer already had a remedy against the original five defenders, and there was potential prejudice to the new defenders due to the passage of time.

Citation
[2008] ScotCS CSOH_33
Parties
Pursuer: Kenneth Harrison; First Defenders: West of Scotland Kart Club and Others; Second Defenders: Royal Automobile Club Motor Sport Association Limited
Jurisdiction
Scotland
Judgment Date
21 February 2008
Procedural Posture
Personal Injury/delict (reparation) / Procedure Roll Debate on Time Bar and Amendment
Outcome
Action against the 16 individuals named in the Minute of Amendment dismissed as time-barred; proof before answer allowed against remaining defenders.
Legal Topics
Time Bar Under Prescription and Limitation (scotland) Act 1973, Liability of Unincorporated Associations, Amendment to Add New Defenders, Equitable Discretion Under Section 19 a
Delict Limitation of Actions Club Law Time Bar Under Prescription and Limitation (scotland) Act 1973 Liability of Unincorporated Associations Amendment to Add New Defenders Equitable Discretion Under Section 19 a

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Parties

Kenneth Harrison

Pursuer

West of Scotland Kart Club and Others

First Defenders

Royal Automobile Club Motor Sport Association Limited

Second Defenders

Procedural Posture

Personal Injury/delict (reparation) / Procedure Roll Debate on Time Bar and Amendment

Legal Issues

  1. 1 Whether the action against 16 additional individuals is time-barred under section 17(2) of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the court should exercise its discretion under section 19A to allow the action to proceed against these individuals despite the time bar

Ratio Decidendi

The action against the 16 additional individuals is time-barred under section 17(2) of the Prescription and Limitation (Scotland) Act 1973 because the original summons did not attribute individual fault to them, and they were only introduced as defenders by the Minute of Amendment after the expiry of the triennium. The court declined to exercise its discretion under section 19A to allow the action to proceed against them, as the delay was unexplained, the pursuer already had a remedy against the original five defenders, and there was potential prejudice to the new defenders due to the passage of time.

Court Disposition

Action against the 16 individuals named in the Minute of Amendment dismissed as time-barred; proof before answer allowed against remaining defenders.

Orders

  • Sustain first defenders' first plea-in-law and dismiss action against individuals named in the Minute of Amendment (No 36 of process)
  • Allow proof before answer with all pleas standing quoad ultra