Trevor Simpson against Dumfries and Galloway Council (Sheriff Court Civil) [2026] SCDUM 32 (20 February 2026)

Trevor Simpson against Dumfries and Galloway Council (Sheriff Court Civil) [2026] SCDUM 32 (20 February 2026)

Allowing the amendments would be prejudicial to the defender, requiring substantial new investigation and debate, especially given the unavailability of a key witness and the doubtful relevancy of the new grounds. The balance of prejudice favours refusal of the amendment.

Citation
[2026] SCDUM 32
Parties
Pursuer: Trevor Simpson; Defender: Dumfries and Galloway Council
Jurisdiction
Scotland
Judgment Date
20 February 2026
Procedural Posture
Civil / Motion to Amend Pleadings
Outcome
Motion to amend pleadings refused
Legal Topics
Disability Discrimination, Indirect Discrimination, Amendment of Pleadings, Provision of Services, Housing Allocation
Equality Law Housing Law Civil Procedure Disability Discrimination Indirect Discrimination Amendment of Pleadings Provision of Services Housing Allocation

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Parties

Trevor Simpson

Pursuer

Dumfries and Galloway Council

Defender

Procedural Posture

Civil / Motion to Amend Pleadings

Legal Issues

  1. 1 Whether the pursuer should be allowed to amend pleadings to introduce new grounds of discrimination under the Equality Act 2010
  2. 2 Whether the proposed amendments would cause prejudice to the defender

Ratio Decidendi

Allowing the amendments would be prejudicial to the defender, requiring substantial new investigation and debate, especially given the unavailability of a key witness and the doubtful relevancy of the new grounds. The balance of prejudice favours refusal of the amendment.

Court Disposition

Motion to amend pleadings refused