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ARTICLE · 18 APRIL 2016

Time-Bar – Another Twist In The Tale

In the recent appeal court case of Linda Gordon and Others v Campbell Riddell Breeze Paterson LLP, the Court of Session has taken the opportunity to provide some further clarity on Morrison v ICL Plastics Ltd, the important time-bar decision by the Supreme Court in 2014.

United KingdomLitigation, Mediation & Arbitration

In the recent appeal court case of Linda Gordon and Others v Campbell Riddell Breeze Paterson LLP, the Court of Session has taken the opportunity to provide some further clarity on Morrison v ICL Plastics Ltd, the important time-bar decision by the Supreme Court in 2014.

Decision

The case concerned notices to quit which were served by the Defender, a firm of solicitors, in order to end several agricultural tenancies on behalf of the Pursuers. The notices were to take effect on 10 November 2005. On that date the Defender wrote to the Pursuers advising that the tenants were refusing to quit and that there was a potential dispute with the services rendered by the Defender. On 24 July 2008, the Scottish Land Court ruled that there were defects in certain of the notices. The present action was raised on 17 May 2012.

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