MacRobert v Cahill [2001] ScotCS 181 (5 July 2001)

MacRobert v Cahill [2001] ScotCS 181 (5 July 2001)

The proposed amendments sought to introduce new cases and averments that were not previously part of the pleadings, were brought too late, and were not relevant or sufficiently specified. The opportunity to amend was restricted to a specific matter, which was not properly addressed in the proposed amendments. Therefore, the motion to amend was refused.

Citation
[2001] ScotCS 181
Parties
Pursuer and Respondent: David J. C. MacRobert; Defender and Appellant: James William Cahill
Jurisdiction
Scotland
Judgment Date
05 July 2001
Procedural Posture
Appeal / Motion to Amend Pleadings and Grounds of Appeal
Outcome
motion to amend refused; appeal to proceed on existing pleadings and grounds of appeal
Legal Topics
Amendment of Pleadings, Removal Action, Executry Estate, Judicial Factor, Late Amendments
Civil Procedure Succession Law Amendment of Pleadings Removal Action Executry Estate Judicial Factor Late Amendments

Case Brief

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Parties

David J. C. MacRobert

Pursuer and Respondent

James William Cahill

Defender and Appellant

Procedural Posture

Appeal / Motion to Amend Pleadings and Grounds of Appeal

Legal Issues

  1. 1 Whether the appellant should be allowed to amend pleadings and grounds of appeal to introduce new cases and averments at a late stage
  2. 2 Whether the proposed amendments are relevant to the issues in the action

Ratio Decidendi

The proposed amendments sought to introduce new cases and averments that were not previously part of the pleadings, were brought too late, and were not relevant or sufficiently specified. The opportunity to amend was restricted to a specific matter, which was not properly addressed in the proposed amendments. Therefore, the motion to amend was refused.

Court Disposition

motion to amend refused; appeal to proceed on existing pleadings and grounds of appeal

Orders

  • Appeal to proceed on present pleadings and grounds of appeal as previously amended.
  • Appeal to be put out for early disposal.