Prescription and Limitation (Scotland) Act 1984

2 Limitation of actions.S

For sections 17 to 19 of the principal Act there shall be substituted the following sections—

“17 Actions in respect of personal injuries not resulting in death.

(1)This section applies to an action of damages where the damages claimed consist of or include damages in respect of personal injuries, being an action (other than an action to which section 18 of this Act applies) brought by the person who sustained the injuries or any other person.

(2)Subject to subsection (3) below and section 19A of this Act, no action to which this section applies shall be brought unless it is commenced within a period of 3 years after—

(a)the date on which the injuries were sustained or, where the act or omission to which the injuries were attributable was a continuing one, that date or the date on which the act or omission ceased, whichever is the later; or

(b)the date (if later than any date mentioned in paragraph (a) above) on which the pursuer in the action became, or on which, in the opinion of the court, it would have been reasonably practicable for him in all the circumstances to become, aware of all the following facts—

(i)that the injuries in question were sufficiently serious to justify his bringing an action of damages on the assumption that the person against whom the action was brought did not dispute liability and was able to satisfy a decree;

(ii)that the injuries were attributable in whole or in part to an act or omission; and

(iii)that the defender was a person to whose act or omission the injuries were attributable in whole or in part or the employer or principal of such a person.

(3)In the computation of the period specified in subsection (2) above there shall be disregarded any time during which the person who sustained the injuries was under legal disability by reason of nonage or unsoundness of mind.

18 Actions where death has resulted from personal injuries.

(1)This section applies to any action in which, following the death of any person from personal injuries, damages are claimed in respect of the injuries or the death.

(2)Subject to subsections (3) and (4) below and section 19A of this Act, no action to which this section applies shall be brought unless it is commenced within a period of 3 years after—

(a)the date of death of the deceased; or

(b)the date (if later than the date of death) on which the pursuer in the action became, or on which, in the opinion of the court, it would have been reasonably practicable for him in all the circumstances to become, aware of both of the following facts—

(i)that the injuries of the deceased were attributable in whole or in part to an act or omission; and

(ii)that the defender was a person to whose act or omission the injuries were attributable in whole or in part or the employer or principal of such a person.

(3)Where the pursuer is a relative of the deceased, there shall be disregarded in the computation of the period specified in subsection (2) above any time during which the relative was under legal disability by reason of nonage or unsoundness of mind.

(4)Subject to section 19A of this Act, where an action of damages has not been brought by or on behalf of a person who has sustained personal injuries within the period specified in section 17(2) of this Act and that person subsequently dies in consequence of those injuries, no action to which this section applies shall be brought in respect of those injuries or the death from those injuries.

(5)In this section “relative” has the same meaning as in Schedule 1 to the Damages (Scotland) Act 1976.”.