GRACIE AGAINST CITY OF EDINBURGH COUNCIL [2018] ScotCS CSOH_37 (10 April 2018)

GRACIE AGAINST CITY OF EDINBURGH COUNCIL [2018] ScotCS CSOH_37 (10 April 2018)

It would not be equitable to allow the pursuer’s pleadings to be amended and the action to proceed, given the lack of compelling explanation for the delay, irremediable prejudice to the defender, and virtually non-existent prospects of success due to lost evidence.

Citation
[2018] ScotCS CSOH_37
Parties
Pursuer: Brian Alexander Gracie; Defender: City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
10 April 2018
Procedural Posture
Personal Injury / Motion to Amend Pleadings and Allow Action to Proceed
Outcome
motion refused; action to be dismissed subject to hearing parties before pronouncing interlocutor
Legal Topics
Time Bar, Section 19 a Discretion, School Supervision, Causation, Quantum of Damages
Civil Litigation Personal Injury Limitation of Actions Time Bar Section 19 a Discretion School Supervision Causation Quantum of Damages

Case Brief

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Parties

Brian Alexander Gracie

Pursuer

City of Edinburgh Council

Defender

Procedural Posture

Personal Injury / Motion to Amend Pleadings and Allow Action to Proceed

Legal Issues

  1. 1 Whether the court should exercise discretion under section 19A of the Prescription and Limitation (Scotland) Act 1973 to allow the action to proceed despite being time-barred
  2. 2 Whether the pursuer provided a compelling explanation for not raising the action timeously
  3. 3 Whether allowing the action to proceed would cause irremediable prejudice to the defender

Ratio Decidendi

It would not be equitable to allow the pursuer’s pleadings to be amended and the action to proceed, given the lack of compelling explanation for the delay, irremediable prejudice to the defender, and virtually non-existent prospects of success due to lost evidence.

Court Disposition

motion refused; action to be dismissed subject to hearing parties before pronouncing interlocutor

Orders

  • case to be put out by order to hear parties before pronouncing interlocutor