A and others v Glasgow City Council

Personal injuries – Limitation of actions – Time bar – Discretion to allow action to proceed. Court of Session: In an action in which relatives of persons killed when a bin lorry driven by the defenders' employee collided with pedestrians sought reparation from the defenders, who pled that the claims in that action were time-barred, the instance of an earlier action raised within the triennium having fallen as the summons was not called within 3 months and a day of its passing signet, the court was in no doubt that the balance of the equities came down in the pursuers' favour and that it should exercise its power under s 19A of the Prescription and Limitation (Scotland) Act 1973 to allow their claims to proceed.

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