Royal Scottish Assurance Plc v Scottish Equitable Plc [2001] ScotCS 58 (9 March 2001)

Royal Scottish Assurance Plc v Scottish Equitable Plc [2001] ScotCS 58 (9 March 2001)

The amendment sought to introduce a distinct claim relating to a different financial product, which would delay the progress of the original claim and was not merely an expansion of the existing claim. There was no advantage in conjoining the claims, and the new claim was appropriately the subject of a separate action. The amendment was refused.

Citation
[2001] ScotCS 58
Parties
Pursuer: Royal Scottish Assurance Plc; Defender: Scottish Equitable Plc
Jurisdiction
Scotland
Judgment Date
09 March 2001
Procedural Posture
Civil Commercial / Motion to Amend Pleadings
Outcome
amendment refused
Legal Topics
Amendment of Pleadings, Prescription, Separate Claims
Contract Law Civil Procedure Amendment of Pleadings Prescription Separate Claims

Case Brief

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Parties

Royal Scottish Assurance Plc

Pursuer

Scottish Equitable Plc

Defender

Procedural Posture

Civil Commercial / Motion to Amend Pleadings

Legal Issues

  1. 1 Whether amendment should be allowed to add a new claim relating to a different financial product
  2. 2 Whether the new claim is prescribed under the relevant statutory period

Ratio Decidendi

The amendment sought to introduce a distinct claim relating to a different financial product, which would delay the progress of the original claim and was not merely an expansion of the existing claim. There was no advantage in conjoining the claims, and the new claim was appropriately the subject of a separate action. The amendment was refused.

Court Disposition

amendment refused

Orders

  • Refused to allow amendment in terms of paragraphs 2 and 3 of the minute