Rennie v Lothian Health Board [2010] ScotCS CSOH_61 (11 May 2010)

Rennie v Lothian Health Board [2010] ScotCS CSOH_61 (11 May 2010)

The defenders failed to plead or establish that the pursuer or her mother had knowledge of a claim prior to 1999, and mere lapse of time is insufficient for mora, taciturnity and acquiescence. There was no inordinate or inexcusable delay after the action was raised, given the complexity, legal aid constraints, and efforts made. Prejudice to the defenders was not linked to acquiescence. The pleas of mora and abuse of process were not made out and are repelled.

Citation
[2010] ScotCS CSOH_61
Parties
Pursuer: Brenda Louise Rennie on behalf of DMF; Defender: Lothian Health Board
Jurisdiction
Scotland
Judgment Date
11 May 2010
Procedural Posture
Personal Injury (medical Negligence) / Procedural Roll (preliminary Pleas)
Outcome
Defenders' first and second pleas repelled; action to proceed.
Legal Topics
Mora, Taciturnity and Acquiescence, Abuse of Process, Limitation and Prescription, Delay in Prosecution, Incapax Claimants
Medical Negligence Personal Injury Civil Procedure Mora, Taciturnity and Acquiescence Abuse of Process Limitation and Prescription Delay in Prosecution Incapax Claimants

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Parties

Brenda Louise Rennie on behalf of DMF

Pursuer

Lothian Health Board

Defender

Procedural Posture

Personal Injury (medical Negligence) / Procedural Roll (preliminary Pleas)

Legal Issues

  1. 1 Whether the action is barred by mora, taciturnity and acquiescence
  2. 2 Whether the action should be dismissed or absolvitor granted due to inordinate and inexcusable delay constituting abuse of process

Ratio Decidendi

The defenders failed to plead or establish that the pursuer or her mother had knowledge of a claim prior to 1999, and mere lapse of time is insufficient for mora, taciturnity and acquiescence. There was no inordinate or inexcusable delay after the action was raised, given the complexity, legal aid constraints, and efforts made. Prejudice to the defenders was not linked to acquiescence. The pleas of mora and abuse of process were not made out and are repelled.

Court Disposition

Defenders' first and second pleas repelled; action to proceed.

Orders

  • First and second pleas of the defenders repelled.
  • All questions of expenses and further procedure reserved.