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BJ v. SC [2016] CSOH 79

The action was based on medical negligence following reconstruction surgery. It was served on 18th July 2013 but it was accepted by both parties that it became time barred in terms of the primary limitation period contained in Section 17 of the Prescription and Limitation (Sc.) Act 1973,  in February 2013. The question at the procedure roll was whether it should be allowed to proceed in terms of Section 19A and the exercise of the court’s equitable discretion.  The argument for the pursuer was that the period of time taken to obtain a supportive professional negligence report provided a basis for the equitable discretion. The court held that no relevant case had been pled, and the action was dismissed.

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