Virgin Media Ltd v W H Malcolm Ltd

Civil procedure – Limitation of actions – Prescription. Sheriff Court: In an action in which the pursuer sought reparation for damage to its telecommunications equipment in the course of building works carried out by the defender, and the defender contended that any obligation it had to make reparation had prescribed by virtue of s 6 of the Prescription and Limitation (Scotland) Act 1973, the court concluded that the pursuer was not aware, and could not with reasonable diligence have become aware, of the damage to its property prior to 14 February 2012 , and the proceedings having commenced on 10 February 2017 its right of action had not prescribed.

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