JOHN G SIBBALD AND SON LTD AGAINST DOUGLAS JOHNSTON AND THE FIRM OF DMJ ASSOCIATES [2014] ScotCS CSOH_94 (03 June 2014)
The losses claimed by the pursuer flowed from completed acts or omissions occurring before June 2004; section 11(2) does not apply as there was no continuing neglect causative of the losses. The obligation to make reparation was extinguished by prescription.
- Citation
- [2014] ScotCS CSOH_94
- Parties
- Pursuer: JOHN G SIBBALD & SON LIMITED; First Defender: DOUGLAS JOHNSTON; Second Defender: THE FIRM OF DMJ ASSOCIATES
- Jurisdiction
- Scotland
- Judgment Date
- 03 June 2014
- Procedural Posture
- Civil / Preliminary Plea of Prescription
- Outcome
- decree of absolvitor granted
- Legal Topics
- Prescription, Breach of Duty, Design Defects, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
JOHN G SIBBALD & SON LIMITED
Pursuer
DOUGLAS JOHNSTON
First Defender
THE FIRM OF DMJ ASSOCIATES
Second Defender
Procedural Posture
Civil / Preliminary Plea of Prescription
Legal Issues
- 1 Whether the defenders' obligation to make reparation for breach of contract was extinguished by prescription under section 6 of the Prescription and Limitation (Scotland) Act 1973
- 2 Whether section 11(2) of the 1973 Act applies to alleged continuing breaches of duty
Ratio Decidendi
The losses claimed by the pursuer flowed from completed acts or omissions occurring before June 2004; section 11(2) does not apply as there was no continuing neglect causative of the losses. The obligation to make reparation was extinguished by prescription.
Court Disposition
decree of absolvitor granted
Orders
- defenders’ first plea-in-law sustained
- action dismissed
Full Case Text
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