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Limitation of actions – Triennium. Court of Session: In an action, raised in December 2004, in which the pursuer sought damages for physical and mental abuse he allegedly suffered between 1965 and 1971 whilst at a children's home run by the defenders, the court concluded that it was not prepared to exercise the discretion in terms of s 19A of the Prescription and Limitation (Scotland) Act 1973 Act to allow the action to proceed notwithstanding the expiry of the triennium in April 1979, as it was not equitable to allow it to proceed given the material prejudice the defenders had suffered as a result of the delay in bringing the action.
Limitation of actions – Triennium. Court of Session: In an action, raised in December 2004, in which the pursuer sought damages for physical and mental abuse he allegedly suffered between 1965 and 1971 whilst at a children's home run by the defenders, the court concluded that it was not prepared to exercise the discretion in terms of s 19A of the Prescription and Limitation (Scotland) Act 1973 Act to allow the action to proceed notwithstanding the expiry of the triennium in April 1979, as it was not equitable to allow it to proceed given the material prejudice the defenders had suffered as a result of the delay in bringing the action.
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