M'Niven v. Glasgow Corporation [1920] ScotLR 514 (27 May 1920)

M'Niven v. Glasgow Corporation [1920] ScotLR 514 (27 May 1920)

The statutory limitation period under the Public Authorities Protection Act 1893 is measured by calendar months, not days; the action must be commenced within six months from the act complained of, regardless of whether the last day falls on a dies non such as Sunday. No extension is permitted; the action commenced outwith the six months is incompetent and must be dismissed.

Citation
[1920] ScotLR 514
Parties
Pursuer: Mrs Christina Connell or M'Niven; Defender: Corporation of Glasgow
Jurisdiction
Scotland
Judgment Date
27 May 1920
Procedural Posture
Civil Damages / Appeal From Sheriff Court Decision
Outcome
appeal dismissed
Legal Topics
Time Limitation, Commencement of Action, Public Authorities Protection Act 1893, Dies Non
Civil Procedure Statutory Interpretation Limitation of Actions Time Limitation Commencement of Action Public Authorities Protection Act 1893 Dies Non

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Parties

Mrs Christina Connell or M'Niven

Pursuer

Corporation of Glasgow

Defender

Procedural Posture

Civil Damages / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Whether an action against a public authority commenced on the day after the expiry of six months from the act complained of is competent under the Public Authorities Protection Act 1893 when the last day falls on a Sunday
  2. 2 Whether the limitation period measured by months allows extension if the last day is a dies non

Ratio Decidendi

The statutory limitation period under the Public Authorities Protection Act 1893 is measured by calendar months, not days; the action must be commenced within six months from the act complained of, regardless of whether the last day falls on a dies non such as Sunday. No extension is permitted; the action commenced outwith the six months is incompetent and must be dismissed.

Court Disposition

appeal dismissed

Orders

  • action dismissed as statute-barred under Public Authorities Protection Act 1893