AMIESON v O'NEILL & Anor [2014] ScotCS CSOH_117 (22 July 2014)

AMIESON v O'NEILL & Anor [2014] ScotCS CSOH_117 (22 July 2014)

The pursuer failed to aver circumstances showing it was not reasonably practicable to discover the relevant facts more than three years before raising the action; thus, the action is time-barred under section 17(2)(b). However, whether the action should proceed under section 19A requires a preliminary proof to assess prejudice and justice.

Citation
[2014] ScotCS CSOH_117
Parties
Pursuer: William Haining Jamieson; Defender: Sister Zoe O'Neill; Defender: The Daughters of Charity of St Vincent De Paul
Jurisdiction
Scotland
Judgment Date
22 July 2014
Procedural Posture
Personal Injury Damages / Debate on Time Bar Plea
Outcome
Preliminary proof ordered on time bar and section 19A discretion; all pleas-in-law left standing.
Legal Topics
Time Bar, Court Discretion, Vicarious Liability, Child Care Negligence
Personal Injury Limitation of Actions Time Bar Court Discretion Vicarious Liability Child Care Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

William Haining Jamieson

Pursuer

Sister Zoe O'Neill

Defender

The Daughters of Charity of St Vincent De Paul

Defender

Procedural Posture

Personal Injury Damages / Debate on Time Bar Plea

Legal Issues

  1. 1 Whether the action is time-barred under section 17(2)(b) of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether it is just and equitable to allow the action to proceed under section 19A of the Act

Ratio Decidendi

The pursuer failed to aver circumstances showing it was not reasonably practicable to discover the relevant facts more than three years before raising the action; thus, the action is time-barred under section 17(2)(b). However, whether the action should proceed under section 19A requires a preliminary proof to assess prejudice and justice.

Court Disposition

Preliminary proof ordered on time bar and section 19A discretion; all pleas-in-law left standing.

Orders

  • Allow preliminary proof on time bar and section 19A discretion.