Description
Here the pursuer sought damages from the defender in respect of a road accident which occurred on 4 September 2003. In the accident the pursuer sustained leg injuries when his motor cycle ran into the rear of the defender's car which was allegedly reversing round a sharp bend on the A82. It was accepted that the action against the defender was time-barred by virtue of section 17 of the Prescription & Limitation (Scotland) Act 1973. Here, the pursuer sought, under section 19A of the Act, leave of the court to bring that action out of time, and at procedure roll the court considered whether or not section 19A could be operated in the pursuer's favour. Section 19A states:- "(1) Where a person would be entitled, but for any of the provisions of section.... 17 of this Act, to bring an action, the court may, if it seems to it equitable to do so, allow him to bring the action notwithstanding that provision." It was submitted on behalf of the pursuers that the court's discretion should be exercised in their favour. It was submitted on behalf of the defenders that no legitimate or reasonable explanation for the late service of proceedings had been advanced, and the potential prejudice on either side from the grant or refusal of leave had not been addressed by the pursuers. The court here considered whether the pursuer's application should, on equitable grounds, be granted notwithstanding the fact that the action was not directed against the correct defender until after the triennium had expired.
