On 30th July, the Supreme Court issued a highly significant judgment in the case of David T Morrison and Co Ltd v ICL Plastics Ltd and others, which clarifies the interpretation of section 11(3) of the Prescription and Limitation (Sc) Act 1973 (the 1973 Act).
The case concerned a claim for damages arising as a result of an explosion at the ICL factory in May 2004. The explosion caused extensive damage to a number of proprieties, including that of the Pursuer (Morrison). Morrison could not access their property for over a month and maintained that they were not in a position to instruct an expert report on the cause of the explosion until mid-August 2004. Morrison’s action for damages was raised in August 2009 based on allegations of negligence, nuisance and breach of statutory duty.
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