Agnew v. Scott Lithgow Ltd & Ors [2002] ScotCS 95 (5th April, 2002)

Agnew v. Scott Lithgow Ltd & Ors [2002] ScotCS 95 (5th April, 2002)

Pursuer was aware by end of 1995 of significant disability, its connection to employment, and identity of defenders; failed to establish it was not reasonably practicable to become aware of material facts before June 1996; action is time-barred under Section 17(2); no equitable grounds to exercise discretion under Section 19A.

Citation
[2002] ScotCS 95
Parties
Pursuer: John Agnew; Defenders: Scott Lithgow Limited and Others
Jurisdiction
Scotland
Procedural Posture
Personal Injury Damages / Proof Before Answer
Outcome
Action dismissed as time-barred.
Legal Topics
Vibration White Finger, Prescription and Limitation (scotland) Act 1973, Time Bar, Section 17(2), Section 19 a, Constructive Knowledge
Personal Injury Employment Law Limitation of Actions Vibration White Finger Prescription and Limitation (scotland) Act 1973 Time Bar Section 17(2) Section 19 a +1 more

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Parties

John Agnew

Pursuer

Scott Lithgow Limited and Others

Defenders

Procedural Posture

Personal Injury Damages / Proof Before Answer

Legal Issues

  1. 1 Whether pursuer's action is time-barred under Section 17(2) of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether court should exercise discretion under Section 19A to allow action to proceed

Ratio Decidendi

Pursuer was aware by end of 1995 of significant disability, its connection to employment, and identity of defenders; failed to establish it was not reasonably practicable to become aware of material facts before June 1996; action is time-barred under Section 17(2); no equitable grounds to exercise discretion under Section 19A.

Court Disposition

Action dismissed as time-barred.

Orders

  • Sustain defenders' second plea-in-law
  • Repel pursuer's third and fourth pleas-in-law