Jurisdiction(s):
United Kingdom

Scotland: Tilbury Douglas v Arup—Inner House applies Prescription and Limitation (Scotland) Act and time-bars the claim; strict ss 6(4)/11(3), no ‘salami slicing’, pro veritate rejected

Published on: 09 July 2024

Published by a LexisNexis Construction expert

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Article summary

Reclaiming Motion by Tilbury Douglas Construction v Arup (Scotland) Ltd [2024] CSIH 15

What are the practical implications of this case?

This decision showcases a striking turnaround on appeal following a substantial defeat at first instance, illustrating how an adverse result below can be reversed. The Inner House of the Court of Session rejected the lower court’s analysis that the action had been brought in time, holding that approach to limitation could not be sustained. The case is directly relevant to parties issuing proceedings against an engineer, adviser or designing contractor because it engages the Prescription and Limitation (Scotland) Act (‘the Act’) and clarifies the procedure the court ought to adopt for receiving and testing evidence when that Act is in play. It is equally pertinent for those involved with novated professionals who are alleged to have erred, shedding light on the way mutual self‑interest will be weighed alongside knowledge when determining questions of accrual. Practitioners considering claims of this kind should note the court’s emphasis on the correct application of the Act and the associated evidential process...

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