Clark and another v Turnbull and another

Civil procedure –Limitation of actions – Prescription – Relevancy. Court of Session: In an action in which the pursuers, or alternatively the first pursuer, sought reparation from the defenders, as the whole partners within the jurisdiction of a dissolved firm of accountants, for losses allegedly sustained as a consequence of professional negligence and breach of contract by a partner in the firm, averred to be now resident abroad, in the provision of tax advice, the court held that any liability of the defenders in respect of the whole of the pursuers' first claim and their third claim had been extinguished by operation of prescription: their second claim would be allowed to proceed to proof before answer and they would be allowed a final opportunity to amend their pleadings to decide whether the claim was a claim by both of them or by the first pursuer alone.

Category: