PRESCRIPTIONS AND LIMITATIONS OF PERSONAL INJURY ACTIONS

Question 1

Prescription and Limitations (S) A 1973 (***)

Answer 1

Personal injury actions must be brought within:

• 3 years of injury; or
• 3 years from date in which the pursuer became aware or it would have been reasonably practicable for him to become aware that:
  
  • injuries were sufficiently serious to justify an action;
  • injuries attributed in whole or part to an act or omission;
  • Act or omission attributed to defender (or his employee)

Question 2

S19(A)

Answer 2

“where a person would be entitled… if it seems it equitable to do so, allow him to bring an action notwithstanding that provision.”

Question 3

BATES v GEORGE (*)

Answer 3

FACTS: Declined to use in an action against a GP practice. Lack of full and frank explanation as to why time bar not identified. Pursuer also had another remedy so not prejudiced if not exercised.

Question 4

Comber v Greater Glasgow Health Board (***)

Answer 4

FACTS: Plastic surgery on dent in forehead. Made appearance worse. Repeated treatment. Doctor failed to say what had gone wrong and said future is what mattered. No one ever suggested legal action. Wrote to organisation in 1983 (procedure in 1973). Did not know about legal option, rarely paid attention to media (newspapers), and only looked at TV/horoscopes when she ever picked up a paper. Never heard of legal aid. No negligence action in case but allowed to bar prescriptions act.
POL: Lack of knowledge, uniqueness of procedure and the fact that no witness had died all led to allowing the action to proceed.