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Civil procedure [2022] ScotCS CSIH_52

RECLAIMING MOTIONS BY B AND W AGAINST THE CONGREGATION OF THE SISTERS OF NAZARETH

RECLAIMING MOTIONS BY B AND W AGAINST THE CONGREGATION OF THE SISTERS OF NAZARETH [2022] ScotCS CSIH_52 (24 November 2022)

The Inner House allowed appeals in childhood abuse actions, holding that a fair hearing remained possible and that the defender had not shown substantial prejudice.

  • Limitation periods for childhood abuse
  • Retrospective application of limitation reforms
  • Fair hearing under section 17d(2)
  • Substantial prejudice under section 17d(3)
  • Childhood-abuse
  • Limitation-law
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Trust law [2021] ScotCS CSOH_106

HUGH KENNEDY AGAINST (FIRST) THE RIGHT REVEREND PAUL BONNICI, (SECOND) THE RIGHT REVEREND JAMES WARREN CUTHBERT MADDEN AND (THIRD) DENIS ALEXANDER

HUGH KENNEDY AGAINST (FIRST) THE RIGHT REVEREND PAUL BONNICI, (SECOND) THE RIGHT REVEREND JAMES WARREN CUTHBERT MADDEN AND (THIRD) DENIS ALEXANDER [2021] ScotCS CSOH_106 (20 October 2021)

Court of Session allowed a historic abuse claim to proceed, holding that trust patrimony may include a contingent insurance indemnity and that proof was required.

  • Vicarious liability
  • Trust patrimony
  • Limitation of actions
  • Indemnity insurance
  • Competency of actions against trustees
  • Trust-patrimony
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Civil procedure [2021] ScotCS CSOH_21

A AGAINST XY LTD

A AGAINST XY LTD [2021] ScotCS CSOH_21 (24 February 2021)

The Court of Session held that a historic child abuse claim could proceed, finding substantial prejudice to the defender but concluding the pursuer’s interest outweighed it.

  • Historic child abuse claims
  • Limitation periods
  • Substantial prejudice safeguard
  • Vicarious liability for criminal acts
  • Balancing exercise between prejudice and pursuer's interest
  • Historic-child-abuse-claims
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Civil procedure [2017] ScotCS CSIH_8

Jacobsen v Chaturvedi

Jacobsen v Chaturvedi [2017] ScotCS CSIH_8 (03 February 2017)

The Inner House refused a reclaiming motion seeking a section 19A extension of time in a medical negligence claim, holding the pursuer’s averments were insufficient.

  • Limitation period
  • Section 19a discretion
  • Professional negligence
  • Equitable remedy
  • Section-19a-discretion
  • Limitation-period
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Civil litigation [2017] ScotCS CSIH_2

K v The Marist Brothers & Anor

K v The Marist Brothers & Anor [2017] ScotCS CSIH_2 (12 January 2017)

Inner House decision on prescription and time-bar in a historic abuse claim. The court held the pursuer’s belief did not amount to unsoundness of mind and refused section 19A relief.

  • Negative prescription
  • Time-bar
  • Legal disability
  • Section 17(3) prescription and limitation act 1973
  • Section 19a prescription and limitation act 1973
  • Prescription-and-limitation
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Tort [2013] ScotCS CSOH_185

C.W. v Trustees of the Archdiocese of St. Andrews and Edinburgh

C.W. v Trustees of the Archdiocese of St. Andrews and Edinburgh [2013] ScotCS CSOH_185 (03 December 2013)

The Outer House held that a child sexual abuse claim against the Archdiocese was time-barred and refused section 19A relief, dismissing the action.

  • Vicarious liability
  • Sexual abuse
  • Limitation period
  • Court discretion under section 19a
  • Vicarious-liability
  • Limitation-period
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Personal injury [2010] ScotCS CSOH_33

Chinn v Cyclacel Ltd

Chinn v Cyclacel Ltd [2010] ScotCS CSOH_33 (16 March 2010)

Scottish Court of Session decision on whether a workplace injury claim was time barred under s.17 of the 1973 Act, and whether s.19A could allow it to proceed.

  • Time bar
  • Prescription and limitation (scotland) act 1973
  • Section 17
  • Section 19a
  • Work-related injury
  • Attribution of injury
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Civil procedure [2004] ScotCS 193

Pringle v Murray & Ors

Pringle v Murray & Ors [2004] ScotCS 193 (30 July 2004)

The court excluded references to section 17 of the Prescription and Limitation (Scotland) Act 1973 and certain regulatory averments, but allowed preliminary proof on section 19A.

  • Prescription and limitation (scotland) act 1973
  • Section 17
  • Section 19a
  • Administration of childrens homes (scotland) regulations 1959
  • Civil-procedure
  • Limitation-law
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.