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EXTRACTS from the Court Cases




in the cause









Pursuer: McEachran, QC, Stirling; Drummond Miller, WS

Defender: Moynihan, QC, Dunlop; Simpson & Marwick


10 October 2006



[1] This is one of a number of claims at the instance of an adult who, for a period during his childhood, was resident in a home run by the defenders.


[6] It was submitted that in the present case and indeed, in all seven cases before me, the merits and time bar issues were inextricably linked. There would be duplication if the pursuer was successful at preliminary proof. At that proof, there would need to be expert evidence about his psychiatric injury to explain the delay. There would need to be evidence about his whole life since leaving the home. The pursuer ought not to be required to give evidence twice. The pursuers in these actions were very damaged, vulnerable people and it would be grossly unfair to force them to do so. As a practicality, there were hundreds of similar cases pending in the Court of Session. If they were not moved forward quickly, the court would be dealing with them for many years. It was necessary to look at the "big picture". Whilst inevitably there were limitation problems in these cases, it was within judicial knowledge that that was because of the shame, fear, confusion and silence that was engendered by such abuse. The only answer for these cases having arisen so late could be that their treatment silenced the claimants.


[15] The defenders would not be prejudiced if the claim were to proceed. The defenders have archives dating back to at least 1878. The defenders retain extensive records of the pursuer's time in Quarriers Children's Home. Extensive medical records are available. Extensive records from Strathclyde Regional Council Social Work Department covering the period when the pursuer was in Quarriers Children's Home are available. Witnesses are available. The (deleted to protect the victims identity).


Bill Dunbar, Assistant Director at Quarriers Children's Home and a person who attended the pursuer's reviews, is available as a witness. He can remember events including a Christmas Service in 1980.