The Hamilton School v. The William Cowie Partnership [2011] ScotSC 13 (24 February 2011)
The proposed amendments, though substantial, do not introduce fundamentally new claims but expand upon the case already pled; they are sufficiently connected to the existing pleadings and are allowed.
- Citation
- [2011] ScotSC 13
- Parties
- Pursuer: The Hamilton School; Defender: The William Cowie Partnership
- Jurisdiction
- Scotland
- Judgment Date
- 24 February 2011
- Procedural Posture
- Ordinary Cause / Hearing on Pursuers' Minute of Amendment
- Outcome
- Amendment allowed
- Legal Topics
- Breach of Contract, Negligence, Prescription, Amendment of Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
The Hamilton School
Pursuer
The William Cowie Partnership
Defender
Procedural Posture
Ordinary Cause / Hearing on Pursuers' Minute of Amendment
Legal Issues
- 1 Whether the Pursuers' proposed amendments introduce new claims that are time barred by prescription
- 2 Whether the amendments are merely elaborations of existing claims or introduce distinct obligations
Ratio Decidendi
The proposed amendments, though substantial, do not introduce fundamentally new claims but expand upon the case already pled; they are sufficiently connected to the existing pleadings and are allowed.
Court Disposition
Amendment allowed
Orders
- Record opened up and amended per Pursuers' Minute and Defenders' Answers
- Defenders' preliminary plea restated; Defenders to lodge note within 2 weeks if they insist
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