Rack Straw v. Douglas and Others [1919] ScotLR 253 (05 February 1919)

Rack Straw v. Douglas and Others [1919] ScotLR 253 (05 February 1919)

The amendment to add the pursuer's title as assignee was competent under the Act of Sederunt, as the action was commenced under a bona fide mistake and the Court has discretion to allow such amendment to avoid unnecessary procedure and expense.

Citation
[1919] ScotLR 253
Parties
Pursuer and Reclaimer: John George Hay Rackstraw; Defenders and Respondents: Miss Elizabeth Bryce Douglas and others
Jurisdiction
Scotland
Judgment Date
05 February 1919
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Interlocutor of Lord Ordinary recalled; amendment allowed subject to payment of expenses; proof allowed on pursuer's right as assignee.
Legal Topics
Amendment of Instance, Title to Sue, Assignation, Entail, Competency of Amendment
Civil Procedure Property Law Amendment of Instance Title to Sue Assignation Entail Competency of Amendment

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Parties

John George Hay Rackstraw

Pursuer and Reclaimer

Miss Elizabeth Bryce Douglas and others

Defenders and Respondents

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether amendment of the instance to add pursuer's title as assignee after action raised is competent under Act of Sederunt
  2. 2 Whether pursuer has title to sue as assignee of a nearer heir of entail

Ratio Decidendi

The amendment to add the pursuer's title as assignee was competent under the Act of Sederunt, as the action was commenced under a bona fide mistake and the Court has discretion to allow such amendment to avoid unnecessary procedure and expense.

Court Disposition

Interlocutor of Lord Ordinary recalled; amendment allowed subject to payment of expenses; proof allowed on pursuer's right as assignee.

Orders

  • Recall of Lord Ordinary's interlocutor
  • Remit to Lord Ordinary to allow amendment of instance to add pursuer's title as assignee, conditional on payment of certain expenses to defenders