Paterson (M'Innes' Trustee) v. Glasgow Corporation [1908] ScotLR 10 (04 June 1908)

Paterson (M'Innes' Trustee) v. Glasgow Corporation [1908] ScotLR 10 (04 June 1908)

The Corporation's officials' persistent mistake and misleading conduct justified sustaining the pursuer's plea that the statutory limitation should not apply; the limitation period did not begin until the pursuer was properly informed, and the Corporation is barred from pleading the statutory limitation.

Citation
[1908] ScotLR 10
Parties
Pursuer: Mrs Paterson (M'Innes' Trustee); Defender: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
04 June 1908
Procedural Posture
Civil / Post Proof, Interlocutor Pronounced, Further Procedure Continued
Outcome
Fourth plea-in-law for pursuer sustained; second and third pleas-in-law for defenders repelled; case continued for further procedure.
Legal Topics
Statutory Limitation, Public Authority Liability, Wrongful Notice, Injury to Property, Public Health (scotland) Act 1897
Public Law Property Law Local Government Law Statutory Limitation Public Authority Liability Wrongful Notice Injury to Property Public Health (scotland) Act 1897

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Parties

Mrs Paterson (M'Innes' Trustee)

Pursuer

Glasgow Corporation

Defender

Procedural Posture

Civil / Post Proof, Interlocutor Pronounced, Further Procedure Continued

Legal Issues

  1. 1 Whether Glasgow Corporation is barred from pleading statutory limitation due to its own conduct
  2. 2 Whether pursuer's action for damages is time-barred under section 166 of the Public Health (Scotland) Act 1897
  3. 3 Whether the Corporation's officials' conduct justifies disapplication of statutory limitation

Ratio Decidendi

The Corporation's officials' persistent mistake and misleading conduct justified sustaining the pursuer's plea that the statutory limitation should not apply; the limitation period did not begin until the pursuer was properly informed, and the Corporation is barred from pleading the statutory limitation.

Court Disposition

Fourth plea-in-law for pursuer sustained; second and third pleas-in-law for defenders repelled; case continued for further procedure.

Orders

  • Allows pursuer proof of averments of damage alleged as trustee of late Miss M'Innes.
  • Allows defenders conjunct probation.