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10 March 2021
Issue: 7924 / Categories: Case law , In Court , Law digest
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Law digests: 12 March 2021

Civil procedure

A v XY Ltd [2021] CSOH 21, 2021 Scot (D) 28/2

In an action in which the pursuer, who claimed that she was raped when she was aged 13 by a male teacher in charge of a school camping trip, sought £1.5m compensation from the defender, which owned and managed the school, in which the defender contended as a preliminary point that the court, applying s 17D(3) of the Prescription and Limitation (Scotland) Act 1973, should refuse to allow the action to proceed because it would suffer substantial prejudice and that prejudice outweighed the pursuer’s interest, the court held that the defender had established that it would be substantially prejudiced if the action proceeded, however the pursuer’s interest outweighed the substantial prejudice to the defender; in the balancing exercise the scales tipped decisively in favour of the pursuer and accordingly the court allowed the action to continue.


Divorce

Ratcliffe v Ratcliffe [2021] EWCA Civ 247, [2021] All ER (D) 06 (Mar)

In allowing the appellant husband’s appeal,

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MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

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