Gorrie v Marist Brothers [2001] ScotCS 288 (26 November 2001)

Gorrie v Marist Brothers [2001] ScotCS 288 (26 November 2001)

The amendment to introduce vicarious liability is a reformulation of the pursuer's case and is allowed. The Marist Brothers are properly convened as defenders in their descriptive name as an unincorporated association. The pursuer has pleaded a sufficiently relevant case for the application of section 19A, and a preliminary proof is required to determine whether it is equitable to allow the action to proceed despite being time-barred.

Citation
[2001] ScotCS 288
Parties
Pursuer and Respondent: Michael Gorrie; Defenders and Appellants: The Marist Brothers
Jurisdiction
Scotland
Judgment Date
26 November 2001
Procedural Posture
Civil Appeal / Interlocutory Appeal on Amendment and Time Bar
Outcome
Appeal allowed in part; amendment permitted; preliminary proof ordered on time-bar; certain averments excluded from probation; expenses reserved.
Legal Topics
Vicarious Liability, Negligence, Prescription and Limitation (scotland) Act 1973, Unincorporated Associations, Sexual Abuse Claims
Tort Limitation of Actions Civil Procedure Vicarious Liability Negligence Prescription and Limitation (scotland) Act 1973 Unincorporated Associations Sexual Abuse Claims

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Parties

Michael Gorrie

Pursuer and Respondent

The Marist Brothers

Defenders and Appellants

Procedural Posture

Civil Appeal / Interlocutory Appeal on Amendment and Time Bar

Legal Issues

  1. 1 Whether the pursuer may amend pleadings to introduce vicarious liability after expiry of limitation period
  2. 2 Whether the Marist Brothers are properly convened as defenders given their status as an unincorporated association
  3. 3 Whether it is equitable under section 19A of the Prescription and Limitation (Scotland) Act 1973 to allow the action to proceed despite being time-barred

Ratio Decidendi

The amendment to introduce vicarious liability is a reformulation of the pursuer's case and is allowed. The Marist Brothers are properly convened as defenders in their descriptive name as an unincorporated association. The pursuer has pleaded a sufficiently relevant case for the application of section 19A, and a preliminary proof is required to determine whether it is equitable to allow the action to proceed despite being time-barred.

Court Disposition

Appeal allowed in part; amendment permitted; preliminary proof ordered on time-bar; certain averments excluded from probation; expenses reserved.

Orders

  • Record opened up and amended per Minute of Amendment and Answers as adjusted
  • Record closed