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Civil procedure – Dismissal for delay. Court of Session: Refusing a reclaiming motion in an action by a pursuer who was involved in a helicopter accident in 1988, who averred that the incident had caused him to suffer post traumatic stress disorder, and who raised an action in 1990 suing the operators of the helicopter for 'bodily injury suffered' under the Warsaw Convention, the court held that the Lord Ordinary had not erred in dismissing the action in May 2013 on account of inordinate and inexcusable delay resulting in unfairness under Rule of Court 21A.1.
Civil procedure – Dismissal for delay. Court of Session: Refusing a reclaiming motion in an action by a pursuer who was involved in a helicopter accident in 1988, who averred that the incident had caused him to suffer post traumatic stress disorder, and who raised an action in 1990 suing the operators of the helicopter for 'bodily injury suffered' under the Warsaw Convention, the court held that the Lord Ordinary had not erred in dismissing the action in May 2013 on account of inordinate and inexcusable delay resulting in unfairness under Rule of Court 21A.1.
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