Scotland Judgment

Pringle v Murray & Ors [2004] ScotCS 193 (30 July 2004)

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Source document

01

Holding and result

References to section 17 of the Prescription and Limitation (Scotland) Act 1973 and averments regarding the Administration of Childrens Homes (Scotland) Regulations 1959 are irrelevant and excluded; a preliminary proof is allowed on the issue raised by section 19A.

Court disposition

Partial exclusion of claims; preliminary proof allowed on section 19A issue

Orders

  • Sustain defenders' plea to relevancy regarding section 17 and exclude all references to it
  • Exclude averments in Condescendence 9 regarding the Administration of Childrens Homes (Scotland) Regulations 1959
  • Allow preliminary proof on averments in Condescendence 11 and Answer 11 relating to section 19A

02

Material facts

Parties

Jacqueline Pringle or Whitton

Pursuer Counsel: McEachran, Q.C., Stirling; Drummond Miller, W.S.

Sister Bernard Mary Murray and Others

Defenders Counsel: Cullen, Q.C., Duncan; Simpson & Marwick, W.S.

03

Procedural history

  1. Posture

    Civil / Interlocutory (preliminary Proof Ordered)

04

Questions and positions

Legal issues

Party arguments

Applicant
The pursuer sought to rely on section 17 of the Prescription and Limitation (Scotland) Act 1973 and averments regarding the Administration of Childrens Homes (Scotland) Regulations 1959.
Respondent
The defenders challenged the relevancy of references to section 17 and the averments regarding the 1959 Regulations.

05

Court’s reasoning

  1. 01

    Opinion in the case of Adeline Bowden

    References to section 17 of the Prescription and Limitation (Scotland) Act 1973 are not relevant in this context.

  2. 02

    Court's present opinion

    Averments regarding the Administration of Childrens Homes (Scotland) Regulations 1959 are to be excluded from consideration.

06

Ratio, limits and disposition

Ratio decidendi

References to section 17 of the Prescription and Limitation (Scotland) Act 1973 and averments regarding the Administration of Childrens Homes (Scotland) Regulations 1959 are irrelevant and excluded; a preliminary proof is allowed on the issue raised by section 19A.

Court disposition

Partial exclusion of claims; preliminary proof allowed on section 19A issue

  • Sustain defenders' plea to relevancy regarding section 17 and exclude all references to it
  • Exclude averments in Condescendence 9 regarding the Administration of Childrens Homes (Scotland) Regulations 1959
  • Allow preliminary proof on averments in Condescendence 11 and Answer 11 relating to section 19A

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2004] ScotCS 193

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BAILII >> Databases >> Scottish Court of Session Decisions >> Pringle v Murray & Ors [2004] ScotCS 193 (30 July 2004) URL: https://www.bailii.org/scot/cases/ScotCS/2004/193.html Cite as: [2004] ScotCS 193 [ New search ] [ Help ] Pringle v Murray & Ors [2004] ScotCS 193 (30 July 2004) OUTER HOUSE, COURT OF SESSION A1200/00

OPINION OF LORD JOHNSTON in the cause JACQUELINE PRINGLE or WHITTON Pursuer; against SISTER BERNARD MARY MURRAY and OTHERS Defenders: ____ Pursuer: McEachran, Q. C., Stirling; Drummond Miller, W. S. Defenders: Cullen, Q. C., Duncan; Simpson & Marwick, W. S. 30 July 2004 [1] For the reasons given by myself in my Opinion in the case of Adeline Bowden I will sustain the defenders' plea in law to the relevancy to the extent of excluding from further consideration all references to section 17 of the Prescription and Limitation (Scotland) Act 1973 as amended. I shall exclude from further consideration the averments in Condescendence 9 in relation to the Administration of Childrens Homes (Scotland) Regulations 1959. Quoad ultra I shall allow a preliminary proof in respect of the averments in Condescendence 11 and Answer 11 relating to the issue raised by section 19A of the same Act. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/scot/cases/ScotCS/2004/193.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Opinion in the case of Adeline Bowden

Case cited

Prescription and Limitation (Scotland) Act 1973

Legislation

Legislation referenced in the available case record.

Administration of Childrens Homes (Scotland) Regulations 1959

Legislation

Legislation referenced in the available case record.

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