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Scotland decisions
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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.
Farzana Ashraf against Richard Dennis AiB & another (Sheriff Appeal Court Civil) [2024] SACCIV 45 (07 November 2024)
The Sheriff Appeal Court refused an appeal by Farzana Ashraf, holding that the Accountant in Bankruptcy’s correspondence did not interrupt prescription and the proposed amendment was irrelevant.
LEONARDO HOTEL MANAGEMENT (UK) LTD AGAINST GALLIFORD TRY BUILDING 2014 LTD AND ANOTHER [2024] ScotCS CSOH_43 (19 April 2024)
Court of Session debate on prescription and specification in a cladding defects claim was allowed to proceed to proof before answer.
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.
RECLAIMING MOTION BY CAROLINE COWAN AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD [2020] ScotCS CSIH_26 (21 May 2020)
The Inner House allowed a reclaiming motion, holding that a proposed amendment to plead contaminated-land housing claims did not fundamentally change the case.
SPENCER AGAINST RICHARD CRUDDAS AND OTHERS [2018] ScotCS CSOH_95 (25 September 2018)
The Court of Session refused to let a time-barred personal injury action proceed under section 19A, finding the defenders would be prejudiced by losing the limitation defence.
LAW & Ors (trustees of the JAL FISH LIMITED), AGAINST ROBERTSON CONSTRUCTION EASTERN LIMITED [2018] ScotCS CSIH_24 (04 April 2018)
The Inner House held that an obligation to enter an overage agreement in land sale missives was personal and collateral, not an obligation relating to land.
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