Renfrew Golf Club v Ravenstone Securities Ltd [1983] ScotCS CSOH_3 (28 October 1983)

Renfrew Golf Club v Ravenstone Securities Ltd [1983] ScotCS CSOH_3 (28 October 1983)

On the pleadings, there was no concurrence of injuria and damnum before late 1976, as actual damage to the golf course (flooding of greens) did not occur until then. Therefore, the prescriptive period had not expired when the action was raised, and the claim is not time-barred.

Citation
[1983] ScotCS CSOH_3
Parties
Pursuer: Renfrew Golf Club; First Defender: Ravenstone Securities Ltd; Third Defender: [Third Defenders: Not Named]
Jurisdiction
Scotland
Judgment Date
28 October 1983
Procedural Posture
Civil / Procedure Roll Debate on Prescription (time Bar) and Relevancy
Outcome
Proof before answer allowed; action not dismissed on grounds of prescription.
Legal Topics
Prescription, Limitation of Actions, Damages for Defective Construction, Accrual of Cause of Action
Contract Law Delict (tort) Reparation Prescription Limitation of Actions Damages for Defective Construction Accrual of Cause of Action

Case Brief

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Parties

Renfrew Golf Club

Pursuer

Ravenstone Securities Ltd

First Defender

[Third Defenders: Not Named]

Third Defender

Procedural Posture

Civil / Procedure Roll Debate on Prescription (time Bar) and Relevancy

Legal Issues

  1. 1 Whether the pursuers' claim for damages in respect of a defective golf course is time-barred under the Prescription and Limitation (Scotland) Act 1973.
  2. 2 When did injuria and damnum concur so as to give rise to an enforceable obligation and start the prescriptive period?

Ratio Decidendi

On the pleadings, there was no concurrence of injuria and damnum before late 1976, as actual damage to the golf course (flooding of greens) did not occur until then. Therefore, the prescriptive period had not expired when the action was raised, and the claim is not time-barred.

Court Disposition

Proof before answer allowed; action not dismissed on grounds of prescription.

Orders

  • Proof before answer on all pleadings as amended; no dismissal at this stage.