Campbell Or Loughlin & Ors v London Midland & Scottish Contractors Ltd & Ors [1999] ScotCS 115 (18 May 1999)

Campbell Or Loughlin & Ors v London Midland & Scottish Contractors Ltd & Ors [1999] ScotCS 115 (18 May 1999)

The court refused to allow the first part of the first defenders' amendment to be received because it was tendered too late, would likely cause prejudice to the pursuers by requiring investigation of old facts in a short time before proof, and no satisfactory explanation for the delay was provided.

Citation
[1999] ScotCS 115
Parties
Pursuers: Mrs Eleanore Campbell or Loughlin and Others; Defenders: London Midland & Scottish Contractors Limited and Others
Jurisdiction
Scotland
Judgment Date
18 May 1999
Procedural Posture
Civil / Interlocutory (motion to Amend Pleadings Prior to Proof)
Outcome
First part of first defenders' Minute of Amendment refused; second paragraph allowed without opposition.
Legal Topics
Amendment of Pleadings, Prejudice to Parties, Asbestos Exposure, Employer's Liability
Civil Procedure Personal Injury Amendment of Pleadings Prejudice to Parties Asbestos Exposure Employer's Liability

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Parties

Mrs Eleanore Campbell or Loughlin and Others

Pursuers

London Midland & Scottish Contractors Limited and Others

Defenders

Procedural Posture

Civil / Interlocutory (motion to Amend Pleadings Prior to Proof)

Legal Issues

  1. 1 Whether to allow late amendment to pleadings by first defenders
  2. 2 Whether the amendment would cause prejudice to the pursuers
  3. 3 Whether explanation for delay in seeking amendment was adequate

Ratio Decidendi

The court refused to allow the first part of the first defenders' amendment to be received because it was tendered too late, would likely cause prejudice to the pursuers by requiring investigation of old facts in a short time before proof, and no satisfactory explanation for the delay was provided.

Court Disposition

First part of first defenders' Minute of Amendment refused; second paragraph allowed without opposition.

Orders

  • First part of paragraph 1 of the amendment refused to be received.
  • Second paragraph of the amendment allowed and Record to be amended accordingly.