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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> McMullan v. Murray & Ors [2004] ScotCS 192 (30 July 2004) URL: http://www.bailii.org/scot/cases/ScotCS/2004/192.html Cite as: [2004] ScotCS 192 |
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OUTER HOUSE, COURT OF SESSION |
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A1399/00
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OPINION OF LORD JOHNSTON in the cause DAVID McMULLAN Pursuer; against SISTER BERNARD MARY MURRAY and OTHERS Defenders:
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Pursuer: McEachran, Q.C., Stirling; Drummond Miller, W.S.
Defenders: Cullen, Q.C., Duncan; Simpson & Marwick, W.S.
30 July 2004
[1] For the reasons given by myself in my Opinion in relation to the case of Adeline Bowden, I shall sustain the defenders' plea to the relevancy so far as it relates to issues raised by section 17 of the Prescription and Limitation (Scotland) Act 1973. I shall exclude from further consideration the averments in Condescendence 5. Quoad ultra I shall allow a preliminary proof in relation to the averments in Condescendence and Answer 7 relating to the issues focused under section 19A of the same Act.
