OUTER HOUSE, COURT OF SESSION |
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A1200/00
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OPINION OF LORD JOHNSTON in the cause JACQUELINE PRINGLE or WHITTON 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 the case of Adeline Bowden I will sustain the defenders' plea in law to the relevancy to the extent of excluding from further consideration all references to section 17 of the Prescription and Limitation (Scotland) Act 1973 as amended. I shall exclude from further consideration the averments in Condescendence 9 in relation to the Administration of Childrens Homes (Scotland) Regulations 1959. Quoad ultra I shall allow a preliminary proof in respect of the averments in Condescendence 11 and Answer 11 relating to the issue raised by section 19A of the same Act.