Lloyd Or Clark & Ors v Marconi Marine (YSL) Ltd & Anor [2001] ScotCS 164 (27 June 2001)

Lloyd Or Clark & Ors v Marconi Marine (YSL) Ltd & Anor [2001] ScotCS 164 (27 June 2001)

For reasons given in Gilbride v Blythswood Shipbuilding Co, amendment of record is allowed and diet of proof discharged; issues and submissions are identical and procedural fairness requires amendment.

Citation
[2001] ScotCS 164
Parties
Pursuers: Annie Lloyd or Clark and Others; Defenders: Marconi Marine (YSL) Ltd and Another
Jurisdiction
Scotland
Judgment Date
27 June 2001
Procedural Posture
Personal Injury Action / Interlocutory Application for Amendment and Discharge of Proof Diet
Outcome
Record amended and diet of proof discharged
Legal Topics
Mesothelioma, Asbestos Exposure, Employer Liability, Amendment of Pleadings
Tort Personal Injury Employment Law Mesothelioma Asbestos Exposure Employer Liability Amendment of Pleadings

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Parties

Annie Lloyd or Clark and Others

Pursuers

Marconi Marine (YSL) Ltd and Another

Defenders

Procedural Posture

Personal Injury Action / Interlocutory Application for Amendment and Discharge of Proof Diet

Legal Issues

  1. 1 Whether pursuers can amend pleadings in terms of Minute of Amendment and Answers
  2. 2 Whether diet of proof should be discharged due to liquidation proceedings
  3. 3 Whether pursuers can prove which defender caused mesothelioma

Ratio Decidendi

For reasons given in Gilbride v Blythswood Shipbuilding Co, amendment of record is allowed and diet of proof discharged; issues and submissions are identical and procedural fairness requires amendment.

Court Disposition

Record amended and diet of proof discharged

Orders

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