Sellar v Greater Glasgow Health Board [2017] ScotCS CSOH_56 (31 March 2017)

Sellar v Greater Glasgow Health Board [2017] ScotCS CSOH_56 (31 March 2017)

The proposed amendment introduces a radically different case after the expiry of the triennium, which would be prejudicial to the defenders and defeat the protection of limitation statutes; there is no compelling reason or unusual circumstance to justify allowing the amendment.

Citation
[2017] ScotCS CSOH_56
Parties
Pursuer: James Kerr Sellar; Defenders: Greater Glasgow Health Board
Jurisdiction
Scotland
Judgment Date
31 March 2017
Procedural Posture
Medical Negligence Action / Opposed Motion to Allow Minute of Amendment
Outcome
Pursuer's motion to have the Minute of Amendment received is refused.
Legal Topics
Amendment of Pleadings, Limitation of Actions, Medical Malpractice, Court Discretion
Civil Procedure Medical Negligence Amendment of Pleadings Limitation of Actions Medical Malpractice Court Discretion

Case Brief

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Parties

James Kerr Sellar

Pursuer

Greater Glasgow Health Board

Defenders

Procedural Posture

Medical Negligence Action / Opposed Motion to Allow Minute of Amendment

Legal Issues

  1. 1 Whether the proposed amendment introduces a new case after the triennium
  2. 2 Whether the amendment should be refused as irrelevant or prejudicial due to delay

Ratio Decidendi

The proposed amendment introduces a radically different case after the expiry of the triennium, which would be prejudicial to the defenders and defeat the protection of limitation statutes; there is no compelling reason or unusual circumstance to justify allowing the amendment.

Court Disposition

Pursuer's motion to have the Minute of Amendment received is refused.

Orders

  • Order of consent for expenses of the hearings on 12 May and 29 June 2016 in favour of the defenders.