The cases were thrown out at the Court of Session

Two women and a man who claimed they were beaten and abused by nuns in Glasgow about 40 years ago were seeking �50,000 in test cases.

But a judge at the Court of Session ruled they had waited too long before trying to sue the Congregation of the Poor Sisters of Nazareth.

Judge Lord Drummond Young said his decision was based on time limits.

He said that newspaper publicity about conditions in Nazareth House started the ball rolling and the three civil actions he was considering were raised in May 2000.

But the law states that once a person in such a position reaches the age of 18 they must begin court moves within three years, except in special circumstances.

The care of children has moved on in the last 25 years and institutions such as Nazareth House no longer exist Lord Drummond Young

The test cases were between 10 and 25 years out of date. At least 21 years had elapsed since the end of the alleged abuse.

The order which ran Nazareth House in Cardonald, Glasgow, and for Sister Bernard Mary Murray, who was in charge at the time, denied the allegations made and insisted that the case should go no further because of the time-bar.

Lawyers for the three alleged victims had asked, unsuccessfully, for Lord Drummond Young to exercise his discretion and allow a full hearing in court.

'Clearly upsetting'

But the judge said the lapse in time would make it difficult for witnesses to remember, some potential evidence may have been lost and some of the nuns accused of ill treatment were very old or dead.

The judge said it would be unfair to make the nuns contest the actions which could starve other homes for the elderly and Aids hospices in Africa of much-needed funds.

"I will exercise my discretion in favour of the Poor Sisters. I reach this conclusion without hesitation," Lord Drummond Young went on.

He said that coming to court had caused considerable distress for the alleged victims.

"This is entirely understandable. It is clearly more upsetting for anyone to have to think in detail about unhappy memories of childhood," he added.

Complaints 'vindicated'

"I cannot think that it is genuinely in their interests to rake over those memories, especially where the individual nuns that are said to have been responsible are either dead or elderly."

The judge added: "The care of children has moved on in the last 25 years and institutions such as Nazareth House no longer exist. To that extent the (alleged victims') complaints have been vindicated. That may give them some comfort."

One woman, now 51, left the home at 16 after eight years there. She told a story of being hit with coat-hangers, canes, a hairbrush - which broke on one occasion because she was beaten so hard - and anything else that came to hand.

Solicitor Cameron Fyfe, who has 300 cases against the Poor Sisters, said an appeal was likely, which could go as high as the House of Lords.

"We knew we were up against it. We were really pushing at the boundaries so it was never going to be easy," he said.