SOLE DEFENDANT IN A SEPARATE ACTION - CLAIM PRESCRIBED
Basis: THE SCOTTISH LITIGATION RUNS TO FOUR DECISIONS, NOT ONE. Multiplex Construction (Europe) Ltd v Nightingale Architects Ltd [2025] CSOH 58 is a SEPARATE action against the architect alone. Multiplex alleged Nightingale specified, approved or permitted Alucobond, Signi and Etalbond ACM with PE core in the atrium contrary to the building warrant and the Building (Scotland) Regulations, the fire strategy requiring Class 0. Contract and collateral warranty dated 18/06/2010; drawings specifying Alucobond approved September 2012. LORD BRAID HELD THE CLAIM HAD PRESCRIBED by December 2017; the indemnity claim survived. The Inner House refused the Health Board’s appeal on 31/03/2026, [2026] CSIH 16, the approx GBP 23m claim being time-barred. See also [2025] CSOH 57 against JD Pierce, the cladding subcontractor
(Practices tab, row 163)