Toner v. Kean Construction (Scotland) Ltd [2005] ScotCS CSOH_65 (18 May 2005)

Toner v. Kean Construction (Scotland) Ltd [2005] ScotCS CSOH_65 (18 May 2005)

The amendment does not fundamentally change the nature of the claim, which remains a claim for payment for professional services; it merely clarifies the method of calculation by reference to the RIBA/RIAS scale, which is permissible where no fee agreement exists and custom of the trade applies.

Citation
[2005] ScotCS CSOH_65
Parties
Pursuer: Donal Toner; Defender: Kean Construction (Scotland) Limited
Jurisdiction
Scotland
Judgment Date
18 May 2005
Procedural Posture
Civil / Interlocutory (motion to Amend Pleadings)
Outcome
Amendment allowed; case continued for further procedure.
Legal Topics
Architects' Fees, Amendment of Pleadings, Custom and Trade in Contracts, Prescription of Claims
Contract Law Professional Services Architects' Fees Amendment of Pleadings Custom and Trade in Contracts Prescription of Claims

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Parties

Donal Toner

Pursuer

Kean Construction (Scotland) Limited

Defender

Procedural Posture

Civil / Interlocutory (motion to Amend Pleadings)

Legal Issues

  1. 1 Whether the proposed amendment to the pleadings fundamentally alters the basis of the pursuer's claim
  2. 2 Whether the amendment is time-barred (prescribed)

Ratio Decidendi

The amendment does not fundamentally change the nature of the claim, which remains a claim for payment for professional services; it merely clarifies the method of calculation by reference to the RIBA/RIAS scale, which is permissible where no fee agreement exists and custom of the trade applies.

Court Disposition

Amendment allowed; case continued for further procedure.

Orders

  • Allow the record to be amended in terms of the Minute of Amendment and Answers.
  • Allow 28 days for a further Note of Arguments.