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David Whelan v. Quarriers & John Porteous [2006] CSOH 159


The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The second defender was employed by the first defenders and the pursuer averred that he was one of his "house parents". He also averred that he was convicted, in 2002, of lewd, indecent and libidinous practices towards him and of conducting himself in a shamelessly indecent manner towards him. The defenders plead that the action was time barred under section 17 of the Prescription and Limitation (Scotland) Act 1973. The pursuer plead that the action was not time barred but that if it was, the action should be allowed to proceed nonetheless, under the equitable discretion available in terms of section 19A of the 1973 Act. The defenders also challenged the relevancy of one part of the pursuer's averments.