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Limitation of actions – Prescription – Triennium. Court of Session: In an action, raised in July 2015, in which the pursuer sought reparation for sexual and physical abuse allegedly suffered in the early 1960s whilst at a boarding school run by the defenders, the court did not accept that it had been established on a balance of probabilities that the pursuer attended the school on or after 26 September 1964, which meant that the whole of his claim had been extinguished by the long negative prescription; even if that was wrong his action was now time-barred because the triennium was long expired; and even if some or all of his claim had not been extinguished by the long negative prescription the court would have refused to exercise its discretionary power in favour of allowing the action to proceed.
Limitation of actions – Prescription – Triennium. Court of Session: In an action, raised in July 2015, in which the pursuer sought reparation for sexual and physical abuse allegedly suffered in the early 1960s whilst at a boarding school run by the defenders, the court did not accept that it had been established on a balance of probabilities that the pursuer attended the school on or after 26 September 1964, which meant that the whole of his claim had been extinguished by the long negative prescription; even if that was wrong his action was now time-barred because the triennium was long expired; and even if some or all of his claim had not been extinguished by the long negative prescription the court would have refused to exercise its discretionary power in favour of allowing the action to proceed.
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By Louise Crush of Westgate Wealth Management
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Governments who play fast and loose with the law get into real trouble, says the new Attorney General. The Rt Hon Lord Hermer KC talks to Anthony Inglese CB about what drew this boy from Cardiff to the Bar, bringing the barrister ethos to the front bench, and how he will be measuring success