MISS PHYLLIS JANE MACKAY v. SCOTTISH AND SOUTHERN ENERGY PLC [2000] ScotSC 3 (13th March, 2000)

MISS PHYLLIS JANE MACKAY v. SCOTTISH AND SOUTHERN ENERGY PLC [2000] ScotSC 3 (13th March, 2000)

The pursuer's case was dismissed as irrelevant and lacking in specification. She failed to aver facts establishing that the defenders or their employees ought reasonably to have foreseen the risk of psychiatric disorder, and did not provide fair notice of alleged duties, breaches, or causation. The action was also time-barred and no grounds for equitable extension under section 19A were sufficiently averred.

Citation
[2000] ScotSC 3
Parties
Pursuer: Miss Phyllis Jane Mackay; Defender: Scottish and Southern Energy PLC
Jurisdiction
Scotland
Procedural Posture
Civil / Judgment on Preliminary Pleas
Outcome
action dismissed
Legal Topics
Limitation of Actions, Duty of Care, Foreseeability, Psychiatric Injury, Specification of Pleadings, Res Judicata
Employment Law Personal Injury Civil Procedure Limitation of Actions Duty of Care Foreseeability Psychiatric Injury Specification of Pleadings +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Miss Phyllis Jane Mackay

Pursuer

Scottish and Southern Energy PLC

Defender

Procedural Posture

Civil / Judgment on Preliminary Pleas

Legal Issues

  1. 1 Whether the action is time-barred under section 17 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
  3. 3 Whether the action is incompetent or barred by res judicata

Ratio Decidendi

The pursuer's case was dismissed as irrelevant and lacking in specification. She failed to aver facts establishing that the defenders or their employees ought reasonably to have foreseen the risk of psychiatric disorder, and did not provide fair notice of alleged duties, breaches, or causation. The action was also time-barred and no grounds for equitable extension under section 19A were sufficiently averred.

Court Disposition

action dismissed

Orders

  • Action dismissed
  • Pursuer found liable to defenders in expenses