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Limitation of actions – Prescription. Court of Session: Refusing a reclaiming motion in an action in which the pursuers, who had instructed the defenders, a firm of solicitors, to serve notices to quit on a tenant to terminate agricultural tenancies over three fields, sought damages on account of the defenders' alleged breach of contract in drafting ineffective notices to quit, the court agreed with the approach of the Lord Ordinary, who upheld the defenders' plea of prescription and absolved them, concluding that an application of the interpretation of s 11(3) of the Prescription and Limitation (Scotland) Act 1973 adopted by the majority of the Supreme Court in David T Morrison & Co Ltd v ICL Plastics Ltd required that the reclaiming motion be refused, but also that the pursuers were put on notice as to loss, injury or damage more than five years before the action was raised.
Limitation of actions – Prescription. Court of Session: Refusing a reclaiming motion in an action in which the pursuers, who had instructed the defenders, a firm of solicitors, to serve notices to quit on a tenant to terminate agricultural tenancies over three fields, sought damages on account of the defenders' alleged breach of contract in drafting ineffective notices to quit, the court agreed with the approach of the Lord Ordinary, who upheld the defenders' plea of prescription and absolved them, concluding that an application of the interpretation of s 11(3) of the Prescription and Limitation (Scotland) Act 1973 adopted by the majority of the Supreme Court in David T Morrison & Co Ltd v ICL Plastics Ltd required that the reclaiming motion be refused, but also that the pursuers were put on notice as to loss, injury or damage more than five years before the action was raised.
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