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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 [2006] ScotCS CSOH_160

Godfrey v. Quarriers

Godfrey v. Quarriers [2006] ScotCS CSOH_160 (10 October 2006)

The Court of Session held that Andrew Godfrey’s historic abuse claim was time-barred, rejected his section 19A case, and excluded irrelevant apology averments.

  • Limitation period
  • Prescription and limitation (scotland) act 1973
  • Section 17
  • Section 19a discretion
  • Historic child abuse
  • Personal injuries
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Civil procedure [2004] ScotCS 192

McMullan v. Murray & Ors

McMullan v. Murray & Ors [2004] ScotCS 192 (30 July 2004)

The Court of Session held that limitation issues under section 17 excluded part of the pleadings, but allowed preliminary proof on section 19A discretion.

  • Limitation of actions
  • Prescription
  • Section 17
  • Section 19a
  • Limitation-of-actions
  • Preliminary-proof
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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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Personal injury [1999] ScotCS 287

Stephen v North Of Scotland Water Authority

Stephen v North Of Scotland Water Authority [1999] ScotCS 287 (2 December 1999)

The Court of Session held that a pursuer's injury claim was not time-barred because he only later realised the injury was serious enough to sue, and alternatively would allow the action under section 19A.

  • Time bar
  • Prescription and limitation (scotland) act 1973
  • Section 17
  • Section 19a
  • Mistake as to proper defender
  • Knowledge of seriousness of injury
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Civil procedure [1998] ScotCS 16

Carnegie v Lord Rodger Of Earlsferry QC

Carnegie v Lord Rodger Of Earlsferry QC [1998] ScotCS 16 (2 October 1998)

The Court of Session allowed correction of an interlocutor that failed to match the court’s opinion on time-bar issues, treating the omission as a clerical error.

  • Correction of interlocutor
  • Time bar
  • Prescription and limitation (scotland) act 1973
  • Section 17
  • Section 19a
  • Discretion to allow action out of time
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