Royal Insurance Uk Ltd v. AMEC Construction Scotland Ltd & Ors [2008] ScotCS CSOH_107 (25 July 2008)

Royal Insurance Uk Ltd v. AMEC Construction Scotland Ltd & Ors [2008] ScotCS CSOH_107 (25 July 2008)

The pursuers' claim as trustees had not prescribed, as they held the requisite title, interest, and capacity throughout, and the defect was formal and technical, not radical or fundamental. Amendment to disclose trustee capacity was allowed, subject to payment of expenses incurred by defenders from 6 July 2007 onward.

Citation
[2008] ScotCS CSOH_107
Parties
Pursuer: Royal Insurance (UK) Limited; First Defender: AMEC Construction (Scotland) Limited; Second Defender: Second Defenders; Third Defender: Third Defenders
Jurisdiction
Scotland
Judgment Date
25 July 2008
Procedural Posture
Civil / Interlocutory Motion for Amendment
Outcome
Amendment allowed; pursuers found liable in expenses for specified period.
Legal Topics
Amendment of Pleadings, Prescription and Limitation, Trustee Capacity, Title and Interest to Sue
Civil Procedure Trusts Law Contract Law Amendment of Pleadings Prescription and Limitation Trustee Capacity Title and Interest to Sue

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Parties

Royal Insurance (UK) Limited

Pursuer

AMEC Construction (Scotland) Limited

First Defender

Second Defenders

Second Defender

Third Defenders

Third Defender

Procedural Posture

Civil / Interlocutory Motion for Amendment

Legal Issues

  1. 1 Whether pursuers' claim as trustees had prescribed under the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether amendment to pleadings to disclose trustee capacity should be allowed
  3. 3 Whether defect in instance constituted radical incompetence

Ratio Decidendi

The pursuers' claim as trustees had not prescribed, as they held the requisite title, interest, and capacity throughout, and the defect was formal and technical, not radical or fundamental. Amendment to disclose trustee capacity was allowed, subject to payment of expenses incurred by defenders from 6 July 2007 onward.

Court Disposition

Amendment allowed; pursuers found liable in expenses for specified period.

Orders

  • Closed Record to be opened up and amended in terms of pursuers' minute of amendment and defenders' answers.
  • Pursuers liable to defenders in whole taxed expenses of process from 6 July 2007 up to and including present date.