Mackie and others as trustees of the Rex Procter & Partners Retirement Benefits Scheme v Edwards and another

Conflict of laws – Applicable law – Civil procedure – Limitation of actions. Court of Session: In an action by the trustees of a retirements benefits scheme, who took out a deferred annuity guarantee contract (DAGC) policy with a mutual life office and engaged the first defender, an employee of the life office, as a scheme actuary, claiming damages for breach of contract and negligence in relation to the advice the first defender gave them in 1999 concerning their decision to switch the scheme's assets from a DAGC to a managed fund contract, the court held that, as the defenders maintained, the proper law of the contract between the pursuers and the first defender, and of the alleged delict, was English law, and that under English law the pursuers' claim was statute barred in terms of the Limitation Act 1980.

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