Fairlie v Perth & Kinross Healthcare NHS Trust & Anor [2001] ScotCS 93 (20 April 2001)

Fairlie v Perth & Kinross Healthcare NHS Trust & Anor [2001] ScotCS 93 (20 April 2001)

The amendments, while expanding and amplifying the pleadings, do not fundamentally alter the basis of the pursuer's case against either defender. The core complaint remains the conduct of the defenders' employees regarding information received and its use. The amendments are allowed, subject to the defenders' right to challenge relevance and specification in due course.

Citation
[2001] ScotCS 93
Parties
Pursuer: James McGregor Fairlie; First Defender: Perth & Kinross Healthcare NHS Trust; Second Defender: Another (Second Defender)
Jurisdiction
Scotland
Judgment Date
20 April 2001
Procedural Posture
Civil (reparation) / Application for Amendment of Pleadings Prior to Proof
Outcome
Amendment allowed
Legal Topics
Amendment of Pleadings, Prescription and Limitation, Reparation for Injury to Reputation, Recovered Memory Treatment
Civil Procedure Tort/delict Amendment of Pleadings Prescription and Limitation Reparation for Injury to Reputation Recovered Memory Treatment

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Parties

James McGregor Fairlie

Pursuer

Perth & Kinross Healthcare NHS Trust

First Defender

Another (Second Defender)

Second Defender

Procedural Posture

Civil (reparation) / Application for Amendment of Pleadings Prior to Proof

Legal Issues

  1. 1 Whether the pursuer should be allowed to amend pleadings after expiry of limitation period
  2. 2 Whether the amendments fundamentally alter the basis of the case
  3. 3 Whether the amendments cause prejudice to the defenders

Ratio Decidendi

The amendments, while expanding and amplifying the pleadings, do not fundamentally alter the basis of the pursuer's case against either defender. The core complaint remains the conduct of the defenders' employees regarding information received and its use. The amendments are allowed, subject to the defenders' right to challenge relevance and specification in due course.

Court Disposition

Amendment allowed

Orders

  • Record to be amended in terms of the minute of amendment and answers
  • Case to be put out By Order for further procedure