Spittal v. The Corporation of Glasgow [1904] ScotLR 41_629 (17 June 1904)

Spittal v. The Corporation of Glasgow [1904] ScotLR 41_629 (17 June 1904)

The Public Authorities Protection Act 1893 applies to public authorities acting under statutory authority, including commercial enterprises; the six-month limitation period runs from the date of the accident, and the pursuer's averments did not disclose a continuing injury within the meaning of the Act; thus, the action is time-barred and must be dismissed.

Citation
[1904] ScotLR 41_629
Parties
Pursuer and Reclaimer: Robert Douglas Spittal; Defenders and Respondents: The Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
17 June 1904
Procedural Posture
Reparation (personal Injury Claim) / Appeal (reclaiming Note) From Lord Ordinary's Dismissal
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Limitation of Actions, Public Authority Liability, Continuing Injury, Statutory Protection for Public Authorities, Expenses (costs) in Litigation
Tort Public Law Statutory Interpretation Limitation of Actions Public Authority Liability Continuing Injury Statutory Protection for Public Authorities Expenses (costs) in Litigation

Case Brief

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Parties

Robert Douglas Spittal

Pursuer and Reclaimer

The Corporation of the City of Glasgow

Defenders and Respondents

Procedural Posture

Reparation (personal Injury Claim) / Appeal (reclaiming Note) From Lord Ordinary's Dismissal

Legal Issues

  1. 1 Does the Public Authorities Protection Act 1893 apply to public authorities engaged in commercial enterprises under statutory authority?
  2. 2 Does the six-month limitation period under the Act run from the date of the accident or from the cessation of continuing injury or damage?
  3. 3 Does the Act's provision for expenses as between agent and client apply to expenses occasioned by a reclaiming note (appeal)?

Ratio Decidendi

The Public Authorities Protection Act 1893 applies to public authorities acting under statutory authority, including commercial enterprises; the six-month limitation period runs from the date of the accident, and the pursuer's averments did not disclose a continuing injury within the meaning of the Act; thus, the action is time-barred and must be dismissed.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • action dismissed as time-barred under Public Authorities Protection Act 1893
  • defenders awarded expenses as between agent and client, including expenses occasioned by the reclaiming note