ALAN PEDEN v. LOTHIAN REGION TRANSPORT [2001] ScotHC 59 (24th July, 2001)

ALAN PEDEN v. LOTHIAN REGION TRANSPORT [2001] ScotHC 59 (24th July, 2001)

The court granted the pursuer's motion to add the new witnesses to the list, finding that adequate notice had been given to the defenders and a reasonable explanation provided for the late inclusion. The court did not decide on whether more than one medical or other expert could be called, as that issue was not before it and would depend on future amendments to the pleadings.

Citation
[2001] ScotHC 59
Parties
Pursuer: Alan Peden; Defenders: Lothian Region Transport
Jurisdiction
Scotland
Procedural Posture
Personal Injury Action Under Optional Procedure / Interlocutory Motion Regarding Addition of Witnesses Prior to Proof
Outcome
Motion to add witnesses granted
Legal Topics
Addition of Witnesses, Optional Procedure Rules, Quantum of Damages, Expert Evidence
Civil Procedure Personal Injury Addition of Witnesses Optional Procedure Rules Quantum of Damages Expert Evidence

Case Brief

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Parties

Alan Peden

Pursuer

Lothian Region Transport

Defenders

Procedural Posture

Personal Injury Action Under Optional Procedure / Interlocutory Motion Regarding Addition of Witnesses Prior to Proof

Legal Issues

  1. 1 Whether the pursuer should be allowed to add additional witnesses to his list under the Optional Procedure Rules
  2. 2 Whether the addition of further medical experts is permissible under the rules limiting expert evidence

Ratio Decidendi

The court granted the pursuer's motion to add the new witnesses to the list, finding that adequate notice had been given to the defenders and a reasonable explanation provided for the late inclusion. The court did not decide on whether more than one medical or other expert could be called, as that issue was not before it and would depend on future amendments to the pleadings.

Court Disposition

Motion to add witnesses granted

Orders

  • Pursuer permitted to add assistant psychologist, consultant rheumatologist, and consultant psychiatrist to witness list