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Scotland decisions
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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.
MP v O'Neill & Ors [2006] ScotCS CSOH_93 (16 June 2006)
Historic child abuse claim on time-bar under section 17 of the 1973 Act. Lord Glennie held the psychological injury claim time-barred and refused section 19A relief.
Oldcorn v. Purdon & Anor [2002] ScotCS 320 (17 December 2002)
The Court of Session held that a child injury claim against land occupiers was relevÂant and specific enough for jury trial, and repelled the defenders' pleas.
Strong v Craig Associates & Ors [2000] ScotCS 168 (16 June 2000)
Professional negligence claim against financial advisers. The court held that prescription could not be decided without evidence and allowed proof before answer on all issues.
Agnew v. Scott Lithgow Ltd & Ors [2002] ScotCS 95 (5th April, 2002)
Pursuer was aware by end of 1995 of significant disability, its connection to employment, and identity of defenders; failed to establish it was not reasonably practicable to become aware of material facts before June 1996; action is time-barred under Section 17(2); no equitable grounds to exercise discretion under Section 19A.
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