Interpretation of "reasonable diligence" in pleading for the postponement of the commencement of the prescriptive period under section 6, Prescription and Limitation (Scotland) Act 1973

29 August 2007

McDougal-Inglis v Scottish Borders Council [2007] CSOH 147, 21^st August 2007

A householder complained that road works undertaken on behalf of a local authority had caused flooding and subsidence to his home. At procedure roll debate, the local authority argued that the pursuer had failed to make sufficient averments to justify postponing the start of the five year prescriptive period under the 1973 Act. Lord Malcolm agreed, finding the pursuer's pleadings irrelevant and dismissing the key parts of his case. The opinion usefully summarises what a pursuer must plead if his averments under section 11(3) of the Act are to be remitted to probation.

James Mure of Axiom Advocates appeared for the Scottish Borders Council

http://www.scotcourts.gov.uk/opinions/2007CSOH147.html