Spencer v Cruddas and others

Limitation of actions – Triennium. Court of Session: Dismissing an action by a pursuer seeking damages for injuries suffered when he was a pillion passenger on a motorbike which was involved in a collision with a car, his solicitors, who sought to raise an action against the driver of the motorbike as the first defender, his insurers as the second defenders, the driver of the car as the third defender and his insurers as the fourth defenders, having encountered difficulties in effecting service on the third defender of a summons signetted on 16 June 2017, the court held that it would not be equitable to allow the action against the first and second defenders (the action against the third and fourth defenders having been settled extrajudicially) which was based on a further summons signetted on 20 September 2017 to proceed, that action being time barred, having been commenced more than 3 years after the date of the accident, as the prejudice to the defenders would outweigh the prejudice to the pursuer.

Category: