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Lm Against The Executor Of Dg

Judgment Cited authorities 20 Cited in Precedent Map Related
Vincent
JurisdictionScotland
JudgeSheriff L A Drummond QC
Neutral Citation[2020] SC DUN 1
CourtSheriff Court
Date07 January 2020
Docket NumberDUN-PD29-18
Published date09 January 2020
SHERIFFDOM OF TAYSIDE, CENTRAL AND FIFE AT DUNDEE
[2020] SC DUN 1
DUN-PD29-18
NOTE BY SHERIFF LORNA A DRUMMOND QC
in the cause
LM
Pursuer
against
THE EXECUTOR OF DG
Defender
Pursuer: Whelan, solicitor;
Defender: Kennedy, counsel;
Dundee, 7 January 2020
The Sheriff, having resumed consideration of the cause, finds that in order to determine
whether it is possible for a fair hearing to take place (in terms of section 17D(2) of the
Prescription and Limitation (Scotland) Act 1973), evidence should be heard; fixes a proof
before answer and pre-proof hearing, awards expenses in favour of the pursuer and
sanctions the employment of junior counsel.
Note
[1] In this action the pursuer seeks damages from the executor of the estate of the late
DG (“the deceased”). The deceased was the pursuer’s stepfather. The pursuer avers that her
stepfather sexually abused her for a period of five years between 1981 and 1985, when the
pursuer was between 11 and 15 years old. She avers that he would rape her at least twice a

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