Description
The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The defenders plead that the action was time barred under section 17 of the Prescription and Limitation (Scotland) Act 1973. The pursuer plead that the action was not time barred but that if it was, the action should be allowed to proceed nonetheless, under the equitable discretion available in terms of section 19A of the 1973 Act. The defenders also challenged the relevancy of one part of the pursuer's averments.
