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Scotland decisions
Decisions matching the current search
Joanna Cox against Optimax Clinics LTD and others (Sheriff Court Civil) [2026] SCGLA 43 (29 January 2026)
The sheriff held that a medical negligence claim about LASIK surgery was time barred under section 17(2)(b) of the Prescription and Limitation (Scotland) Act 1973.
Marlene Simpson and another against Dumfries and Galloway Health Board (Sheriff Appeal Court Civil) [2025] SACCIV 12 (28 April 2025)
The Sheriff Appeal Court held that the wrongful-death medical negligence action was time-barred and refused to extend time under section 19A.
PW (AP) against KM (Court of Session) [2024] CSOH 85 (06 September 2024)
A civil rape damages claim was dismissed as time barred. The court also found the pursuer had not proved rape on the balance of probabilities and rejected similar fact evidence.
FIONA DROUET AND OTHERS AGAINST ANGUS MILLIGAN [2024] ScotCS CSOH_32 (20 March 2024)
The Court of Session held most family claims time-barred for being raised too late, finding awareness of Emily Drouet’s impaired mental condition by 12 April 2016.
DAVID MATHEWSON AGAINST SCOTTISH POWER UK LTD [2022] ScotCS CSOH_27 (18 March 2022)
The Court of Session held that intimation within the triennium of a minute of sist, amendment, and further damages gave fair notice and was sufficient to commence the action.
JOHN KELMAN AGAINST MORAY COUNCIL [2021] ScotCS CSOH_131 (24 December 2021)
The court held that a former electrician’s asbestos claim could proceed, finding he lacked the necessary awareness for time bar and, alternatively, granting section 19A relief.
STEPHEN ANTHONY QUINN AND OTHERS AGAINST WRIGHT’S INSULATIONS LTD [2020] ScotCS CSOH_21 (27 February 2020)
The Court of Session refused to let a time-barred mesothelioma claim proceed under section 19A, finding no explanation for the delay and no equitable basis to override limitation.
GRACIE, BRIAN ALEXANDER GRACIE AGAINST CITY OF EDINBURGH COUNCIL [2019] ScotCS CSOH_6 (24 January 2019)
The Court of Session dismissed a childhood injury claim against Edinburgh Council as both irrelevant and time-barred under section 17 of the 1973 Act.
A, RECLAIMING MOTION BY A AND OTHERS AGAINST GLASGOW CITY COUNCIL [2019] ScotCS CSIH_6 (24 January 2019)
The Inner House refused an appeal and upheld permission for the respondents to proceed despite a limitation problem, applying section 19A discretion.
A AND OTHERS AGAINST GLASGOW CITY COUNCIL [2018] ScotCS CSOH_116 (09 November 2018)
The Court of Session allowed a timebarred personal injury action to proceed under s 19A, finding the balance of equities favoured the pursuers.
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