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Civil litigation

CD and others against Grampian NHS Board

Clinical negligence fatal claims: the court held the third and fourth pursuers’ claims were timeous, the sixth pursuer was ineligible, and awarded damages of £150,000 and £75,000.

  • Limitation
  • Time bar
  • Section 19a discretion
  • Fatal claims
  • Eligibility of relative claimant
  • Quantum of bereavement damages
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Civil procedure [2025] SACCIV 12

Marlene Simpson and another against Dumfries and Galloway Health Board (Sheriff Appeal Court Civil)

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.

  • Time-bar
  • Prescription and limitation (scotland) act 1973
  • Section 18(2)
  • Section 19a discretion
  • Medical negligence
  • Wrongful death
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Personal injury [2020] ScotCS CSOH_21

STEPHEN ANTHONY QUINN AND OTHERS AGAINST WRIGHT’S INSULATIONS LTD

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.

  • Mesothelioma
  • Asbestos exposure
  • Prescription and limitation
  • Section 19a discretion
  • Time-bar
  • Damages for fatal disease
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Civil procedure [2018] ScotCS CSOH_95

SPENCER AGAINST RICHARD CRUDDAS AND OTHERS

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.

  • Limitation of actions
  • Prescription and limitation (scotland) act 1973
  • Section 19a discretion
  • Professional negligence
  • Time bar
  • Equitable discretion
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Civil litigation [2018] ScotCS CSOH_37

GRACIE AGAINST CITY OF EDINBURGH COUNCIL

GRACIE AGAINST CITY OF EDINBURGH COUNCIL [2018] ScotCS CSOH_37 (10 April 2018)

The Court of Session refused to allow a late amendment in a historic personal injury claim, holding the action was time-barred and should not proceed under section 19A.

  • Time bar
  • Section 19a discretion
  • School supervision
  • Causation
  • Quantum of damages
  • Time-bar
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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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Personal injury [2014] ScotCS CSIH_82

BETTY SOPHIA SMITH FERGUSON & Ors AGAINST J & A LAWSON (JOINERS) Ltd

BETTY SOPHIA SMITH FERGUSON & Ors AGAINST J & A LAWSON (JOINERS) Ltd [2014] ScotCS CSIH_82 (15 October 2014)

Scottish appeal on section 19A discretion in a time-barred mesothelioma claim. The court held the Lord Ordinary was not plainly wrong and allowed the action to proceed.

  • Mesothelioma claims
  • Asbestos exposure
  • Time-bar
  • Section 19a discretion
  • Professional negligence
  • Restoration of dissolved companies
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Personal injury [2013] ScotCS CSOH_17

Chinn v Cyclacel Ltd

Chinn v Cyclacel Ltd [2013] ScotCS CSOH_17 (30 January 2013)

The Court of Session refused to let a time-barred personal injury action proceed under section 19A, finding the equities favoured the defenders.

  • Section 19a discretion
  • Time-bar
  • Work-related upper limb disorder
  • Professional conduct of legal representatives
  • Section-19a-discretion
  • Personal-injury
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Tort [2008] ScotCS CSOH_165

A v N

A v N [2008] ScotCS CSOH_165 (05 December 2008)

The court allowed a sexual abuse damages action to proceed out of time under section 19A, finding it equitable despite a time bar and possible solicitor negligence.

  • Sexual abuse
  • Limitation period
  • Section 19a discretion
  • Negligence of solicitors
  • Equitable relief
  • Limitation-of-actions
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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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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.