Gracie v City of Edinburgh Council

Personal injury – Liability – Breach of duty – Relevancy – Time bar. Court of Session: Dismissing an action in which the pursuer sought damages for a serious injury he suffered in 1965 when he ran out through school gates and was struck by a motor vehicle, the court held that the facts and circumstances that the pursuer had been able to plead were insufficient in law to found a case of fault on the defender's part, and in any event the action was time barred: the pursuer had not pled a relevant case that he was not aware, and could not reasonably have become aware, of the material facts until a date less than 3 years before action was raised.

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