Bremner v. Martin (t/a George Martin Engineering) [2006] ScotCS CSOH_18 (03 February 2006)

Bremner v. Martin (t/a George Martin Engineering) [2006] ScotCS CSOH_18 (03 February 2006)

A Lord Ordinary cannot allow a minute of amendment in identical terms to one previously refused by a final interlocutor, as section 18 of the Court of Session Act 1988 makes such interlocutors final in the Outer House, and no rule provides otherwise for amendment of pleadings.

Citation
[2006] ScotCS CSOH_18
Parties
Pursuer: Alan Bremner; First Defender: George Martin t/a George Martin Engineering; Second Defender: Scottish and Southern Energy PLC
Jurisdiction
Scotland
Judgment Date
03 February 2006
Procedural Posture
Personal Injury Action / Interlocutory Motion to Allow Minute of Amendment
Outcome
Motion refused
Legal Topics
Amendment of Pleadings, Finality of Interlocutors, Court of Session Act 1988 Section 18, Prejudice to Defenders, Limitation Period
Civil Procedure Personal Injury Amendment of Pleadings Finality of Interlocutors Court of Session Act 1988 Section 18 Prejudice to Defenders Limitation Period

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Parties

Alan Bremner

Pursuer

George Martin t/a George Martin Engineering

First Defender

Scottish and Southern Energy PLC

Second Defender

Procedural Posture

Personal Injury Action / Interlocutory Motion to Allow Minute of Amendment

Legal Issues

  1. 1 Whether a Lord Ordinary can allow a minute of amendment identical to one previously refused by a final interlocutor
  2. 2 Whether a material change of circumstances allows reconsideration of a refused amendment

Ratio Decidendi

A Lord Ordinary cannot allow a minute of amendment in identical terms to one previously refused by a final interlocutor, as section 18 of the Court of Session Act 1988 makes such interlocutors final in the Outer House, and no rule provides otherwise for amendment of pleadings.

Court Disposition

Motion refused

Orders

  • Refusal to allow the minute of amendment to be received and marked no. 25 of process