*/
Limitation of actions – Prescription. Court of Session: Refusing a reclaiming motion in an action in which the pursuers, who had instructed the defenders, a firm of solicitors, to serve notices to quit on a tenant to terminate agricultural tenancies over three fields, sought damages on account of the defenders' alleged breach of contract in drafting ineffective notices to quit, the court agreed with the approach of the Lord Ordinary, who upheld the defenders' plea of prescription and absolved them, concluding that an application of the interpretation of s 11(3) of the Prescription and Limitation (Scotland) Act 1973 adopted by the majority of the Supreme Court in David T Morrison & Co Ltd v ICL Plastics Ltd required that the reclaiming motion be refused, but also that the pursuers were put on notice as to loss, injury or damage more than five years before the action was raised.
Limitation of actions – Prescription. Court of Session: Refusing a reclaiming motion in an action in which the pursuers, who had instructed the defenders, a firm of solicitors, to serve notices to quit on a tenant to terminate agricultural tenancies over three fields, sought damages on account of the defenders' alleged breach of contract in drafting ineffective notices to quit, the court agreed with the approach of the Lord Ordinary, who upheld the defenders' plea of prescription and absolved them, concluding that an application of the interpretation of s 11(3) of the Prescription and Limitation (Scotland) Act 1973 adopted by the majority of the Supreme Court in David T Morrison & Co Ltd v ICL Plastics Ltd required that the reclaiming motion be refused, but also that the pursuers were put on notice as to loss, injury or damage more than five years before the action was raised.
Chair of the Bar reports back
Get ready to lead in a rapidly evolving digital landscape
Marie Law, Director of Toxicology at AlphaBiolabs
Valerie Sterling, Head of the Family Team at New Park Court Chambers, offers reflections from a distinguished 40-year career in law
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
There is no typical day in the life as a Supreme Court judicial assistant, says Josephine Gillingwater, and that’s what makes the role so enjoyably diverse
With at least 31 reports of AI hallucinations in UK legal cases – over 800 worldwide – and judges using AI to assist in judicial decision-making, the risks and benefits are impossible to ignore. Matthew Lee examines how different jurisdictions are responding
What has changed, and why? Paul Secher unpacks the new standards aligning the recruiting, training and appraising of judges – the first major change to the system for ten years
The deprivation of liberty is the most significant power the state can exercise. Drawing on frontline experience, Chris Henley KC explains why replacing trial by jury with judge-only trials risks undermining justice
Baffled by the government’s proposed s 41 reforms and by the Law Commission’s preferred model, Laura Hoyano looks at what won’t work, and what will
