Bratton & Ors v Lithgows Ltd & Anor [2001] ScotCS 165 (27 June 2001)

Bratton & Ors v Lithgows Ltd & Anor [2001] ScotCS 165 (27 June 2001)

For the same reasons as in Gilbride v Blythswood Shipbuilding Co., the court allowed the record to be amended in terms of the Minute of Amendment and Answers as adjusted and discharged the diet of proof.

Citation
[2001] ScotCS 165
Parties
Pursuers: Mary Williams Bratton and Others; Defenders: Lithgows Ltd and Another
Jurisdiction
Scotland
Judgment Date
27 June 2001
Procedural Posture
Civil / Interlocutory (motion to Amend Pleadings and Discharge Proof Diet)
Outcome
Record allowed to be amended; diet of proof discharged.
Legal Topics
Mesothelioma, Amendment of Pleadings, Discharge of Proof Diet
Personal Injury Civil Procedure Mesothelioma Amendment of Pleadings Discharge of Proof Diet

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Parties

Mary Williams Bratton and Others

Pursuers

Lithgows Ltd and Another

Defenders

Procedural Posture

Civil / Interlocutory (motion to Amend Pleadings and Discharge Proof Diet)

Legal Issues

  1. 1 Whether to allow amendment of pleadings via Minute of Amendment and Answers
  2. 2 Whether to discharge the diet of proof

Ratio Decidendi

For the same reasons as in Gilbride v Blythswood Shipbuilding Co., the court allowed the record to be amended in terms of the Minute of Amendment and Answers as adjusted and discharged the diet of proof.

Court Disposition

Record allowed to be amended; diet of proof discharged.

Orders

  • Allow the record to be amended in terms of the Minute of Amendment and Answers as adjusted.
  • Discharge the diet of proof.