THE HAMILTON SCHOOL v. THE WILLIAM COWIE PARTNERSHIP [2011] ScotSC 63 (24 February 2011)

THE HAMILTON SCHOOL v. THE WILLIAM COWIE PARTNERSHIP [2011] ScotSC 63 (24 February 2011)

The proposed amendments, though substantial, are sufficiently connected to the existing pleadings and do not introduce fundamentally new obligations; they elaborate on the consequences of breaches already pled and are therefore not time-barred by prescription.

Citation
[2011] ScotSC 63
Parties
Pursuer: The Hamilton School; Defender: The William Cowie Partnership
Jurisdiction
Scotland
Judgment Date
24 February 2011
Procedural Posture
Civil Breach of Contract and Negligence / Interlocutory Hearing on Amendment of Pleadings
Outcome
Amendment allowed; further procedure ordered.
Legal Topics
Amendment of Pleadings, Prescription and Limitation, Breach of Contract, Professional Negligence
Contract Law Tort/delict Civil Procedure Amendment of Pleadings Prescription and Limitation Breach of Contract Professional Negligence

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Parties

The Hamilton School

Pursuer

The William Cowie Partnership

Defender

Procedural Posture

Civil Breach of Contract and Negligence / Interlocutory Hearing on Amendment of Pleadings

Legal Issues

  1. 1 Whether the pursuers' proposed amendments introduce new claims that are time-barred by prescription
  2. 2 Whether the amendments are merely elaborations of existing claims or introduce new obligations
  3. 3 Whether the timing of the amendment justifies refusal

Ratio Decidendi

The proposed amendments, though substantial, are sufficiently connected to the existing pleadings and do not introduce fundamentally new obligations; they elaborate on the consequences of breaches already pled and are therefore not time-barred by prescription.

Court Disposition

Amendment allowed; further procedure ordered.

Orders

  • Record to be opened up and amended per Pursuers' Minute of Amendment and Defenders' Answers.
  • Defenders' preliminary plea deemed restated; Defenders to lodge note of basis within 2 weeks if insisting.