Clippens Oil Co., Ltd v. The Edinburgh and District Water Trustees [1905] ScotLR 42_698 (06 July 1905)

Clippens Oil Co., Ltd v. The Edinburgh and District Water Trustees [1905] ScotLR 42_698 (06 July 1905)

The Court has discretion to allow amendments to the record at any stage, including pleas that may exclude the action, and is not bound to require payment of all expenses as a condition; the question of expenses should be reserved until the effect of the amendment is known.

Citation
[1905] ScotLR 42_698
Parties
Pursuer/respondent: Clippens Oil Company, Limited; Defender/reclaimer: The Edinburgh and District Water Trustees
Jurisdiction
Scotland
Judgment Date
06 July 1905
Procedural Posture
Civil Damages / Reclaiming Motion (appeal) After Proof and Interlocutor Awarding Damages
Outcome
Amendment allowed; question of expenses reserved.
Legal Topics
Amendment of Record, Expenses, Public Authorities Protection Act, Court Discretion
Civil Procedure Damages Administrative Law Amendment of Record Expenses Public Authorities Protection Act Court Discretion

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Parties

Clippens Oil Company, Limited

Pursuer/respondent

The Edinburgh and District Water Trustees

Defender/reclaimer

Procedural Posture

Civil Damages / Reclaiming Motion (appeal) After Proof and Interlocutor Awarding Damages

Legal Issues

  1. 1 Whether amendment to add a statutory defence excluding the action should be allowed at the reclaiming stage
  2. 2 Whether such amendment should be allowed only on payment of all expenses incurred since the closing of the record

Ratio Decidendi

The Court has discretion to allow amendments to the record at any stage, including pleas that may exclude the action, and is not bound to require payment of all expenses as a condition; the question of expenses should be reserved until the effect of the amendment is known.

Court Disposition

Amendment allowed; question of expenses reserved.

Orders

  • Amendment to add plea under Public Authorities Protection Act 1893 allowed.
  • Question of expenses reserved for later determination.