Milnbank Housing Association Ltd v Page & Park & Ors [2000] ScotCS 68 (14 March 2000)

Milnbank Housing Association Ltd v Page & Park & Ors [2000] ScotCS 68 (14 March 2000)

The court could not determine, on the pleadings and submissions, whether the amendments represented a new case or an expansion of the existing case, nor whether they were time-barred. Therefore, the appropriate course was to allow the amendment so that these issues could be determined at a later stage, either at procedure roll or after preliminary proof.

Citation
[2000] ScotCS 68
Parties
Pursuer: Milnbank Housing Association Limited; First Defender: Page & Park; Second Defender: Others (Second Defenders)
Jurisdiction
Scotland
Judgment Date
14 March 2000
Procedural Posture
Civil / Motion to Amend Pleadings
Outcome
Amendment allowed
Legal Topics
Breach of Contract, Negligence, Amendment of Pleadings, Prescription (limitation), Architects' Liability, Clerks of Works' Liability
Contract Law Tort/delict Civil Procedure Breach of Contract Negligence Amendment of Pleadings Prescription (limitation) Architects' Liability +1 more

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Parties

Milnbank Housing Association Limited

Pursuer

Page & Park

First Defender

Others (Second Defenders)

Second Defender

Procedural Posture

Civil / Motion to Amend Pleadings

Legal Issues

  1. 1 Whether the pursuers should be allowed to amend their pleadings to add new averments of breach of contract and negligence against the defenders after a significant lapse of time and possible expiry of the prescriptive period.
  2. 2 Whether the amendments constitute a new case or an expansion of the existing case.
  3. 3 Whether the amendments are time-barred by prescription.

Ratio Decidendi

The court could not determine, on the pleadings and submissions, whether the amendments represented a new case or an expansion of the existing case, nor whether they were time-barred. Therefore, the appropriate course was to allow the amendment so that these issues could be determined at a later stage, either at procedure roll or after preliminary proof.

Court Disposition

Amendment allowed

Orders

  • The record is to be amended in terms of the Minute of Amendment and Answers as adjusted.