MICHAEL GORRIE v. THE MARIST BROTHERS [2001] ScotSC 22 (26th November, 2001)

MICHAEL GORRIE v. THE MARIST BROTHERS [2001] ScotSC 22 (26th November, 2001)

The Minute of Amendment is allowed as it constitutes a reformulation, not a fundamental change, of the pursuer's case. The Marist Brothers are properly convened as defenders in their descriptive name as an unincorporated association. The pursuer has pled a relevant case for the application of section 19A, and a preliminary proof is required to determine whether it is equitable to allow the action to proceed. Certain averments are excluded from probation as irrelevant or hearsay.

Citation
[2001] ScotSC 22
Parties
Pursuer and Respondent: Michael Gorrie; Defenders and Appellants: The Marist Brothers
Jurisdiction
Scotland
Procedural Posture
Civil Appeal (personal Injury, Negligence, Limitation) / Interlocutory Appeal on Amendment, Relevancy, and Time Bar
Outcome
Appeal allowed in part; amendment permitted; certain averments excluded from probation; otherwise, proof before answer on time-bar and equity under section 19A reserved.
Legal Topics
Vicarious Liability, Negligence, Sexual Abuse, Unincorporated Associations, Limitation of Actions, Amendment of Pleadings
Tort/delict Civil Procedure Limitation/prescription Vicarious Liability Negligence Sexual Abuse Unincorporated Associations Limitation of Actions +1 more

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Parties

Michael Gorrie

Pursuer and Respondent

The Marist Brothers

Defenders and Appellants

Procedural Posture

Civil Appeal (personal Injury, Negligence, Limitation) / Interlocutory Appeal on Amendment, Relevancy, and Time Bar

Legal Issues

  1. 1 Whether the pursuer may amend pleadings to introduce vicarious liability after expiry of limitation period
  2. 2 Whether the Marist Brothers are properly convened as defenders as an unincorporated association
  3. 3 Whether the pursuer's claim is time-barred and if it is equitable to allow it to proceed under section 19A of the Prescription and Limitation (Scotland) Act 1973

Ratio Decidendi

The Minute of Amendment is allowed as it constitutes a reformulation, not a fundamental change, of the pursuer's case. The Marist Brothers are properly convened as defenders in their descriptive name as an unincorporated association. The pursuer has pled a relevant case for the application of section 19A, and a preliminary proof is required to determine whether it is equitable to allow the action to proceed. Certain averments are excluded from probation as irrelevant or hearsay.

Court Disposition

Appeal allowed in part; amendment permitted; certain averments excluded from probation; otherwise, proof before answer on time-bar and equity under section 19A reserved.

Orders

  • Record to be opened up and amended in terms of the Minute of Amendment and Answers as adjusted.
  • Record thereafter closed.