McAloon v HM Advocate [1999] ScotCS 186 (4 August 1999)

McAloon v HM Advocate [1999] ScotCS 186 (4 August 1999)

The pursuer's action is time barred because it was reasonably practicable for him to be aware of the seriousness and cause of his injury by 1990, and no sufficient reason was provided for the delay. The court declined to exercise discretion under section 19A as the only reason for delay was the pursuer's own ignorance, and no equitable grounds were established.

Citation
[1999] ScotCS 186
Parties
Pursuer: Sean Randall McAloon; Defender: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
04 August 1999
Procedural Posture
Civil / Preliminary Proof
Outcome
action dismissed as time barred
Legal Topics
Hearing Loss, Noise Induced Injury, Limitation Period, Discretion Under Section 19 a, Attribution of Injury to Employment
Personal Injury Military Law Limitation of Actions Hearing Loss Noise Induced Injury Limitation Period Discretion Under Section 19 a Attribution of Injury to Employment

Case Brief

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Parties

Sean Randall McAloon

Pursuer

Her Majesty's Advocate

Defender

Procedural Posture

Civil / Preliminary Proof

Legal Issues

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

Ratio Decidendi

The pursuer's action is time barred because it was reasonably practicable for him to be aware of the seriousness and cause of his injury by 1990, and no sufficient reason was provided for the delay. The court declined to exercise discretion under section 19A as the only reason for delay was the pursuer's own ignorance, and no equitable grounds were established.

Court Disposition

action dismissed as time barred

Orders

  • Sustain defender's first and second pleas-in-law
  • Repel pursuer's first and second pleas-in-law