Stephen v. Peters & Anor [2004] ScotCS 31 (10 February 2004)

Stephen v. Peters & Anor [2004] ScotCS 31 (10 February 2004)

The amendment does not fundamentally alter the pursuer's case, which remains about the same accident and danger. The new ground of fault is a legitimate response to developments in the defences and does not cause material prejudice. The amendment is therefore allowed.

Citation
[2004] ScotCS 31
Parties
Pursuer: Leith Stephen; First Defender: Robert Peters; Second Defenders: Another (Second Defenders)
Jurisdiction
Scotland
Judgment Date
10 February 2004
Procedural Posture
Personal Injury Action / Motion to Amend Pleadings After Expiry of Limitation Period
Outcome
Motion to amend pleadings granted
Legal Topics
Amendment of Pleadings, Limitation Periods, Employer's Liability, Defective Equipment, Negligence
Civil Procedure Personal Injury Amendment of Pleadings Limitation Periods Employer's Liability Defective Equipment Negligence

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Parties

Leith Stephen

Pursuer

Robert Peters

First Defender

Another (Second Defenders)

Second Defenders

Procedural Posture

Personal Injury Action / Motion to Amend Pleadings After Expiry of Limitation Period

Legal Issues

  1. 1 Whether the pursuer should be allowed to amend his pleadings to introduce a new ground of fault after expiry of the limitation period
  2. 2 Whether the proposed amendment constitutes a radical change to the pursuer's case

Ratio Decidendi

The amendment does not fundamentally alter the pursuer's case, which remains about the same accident and danger. The new ground of fault is a legitimate response to developments in the defences and does not cause material prejudice. The amendment is therefore allowed.

Court Disposition

Motion to amend pleadings granted

Orders

  • Record to be opened up and amended in terms of the Minute of Amendment for the second defenders and the Answers thereto for the first defender and the pursuer as adjusted
  • Parties allowed a further period of four weeks to adjust pleadings before record closes