Link Housing Association Ltd v. PBL Construction Ltd & Ors [2006] ScotCS CSOH_53 (31 March 2006)

Link Housing Association Ltd v. PBL Construction Ltd & Ors [2006] ScotCS CSOH_53 (31 March 2006)

The amendment sought is a correction of misdescription and not the substitution of a fundamentally different party or cause of action. No prejudice to defenders is shown. The court's discretion should be exercised to allow the amendment, as it is a matter of form and not substance.

Citation
[2006] ScotCS CSOH_53
Parties
Pursuer: Link Housing Association Limited; Pursuer (proposed Substitution): Link Group Limited; Defender: Second Defenders; Defender: First Defenders; Defender: Fourth Defenders; Defender: Fifth Defenders
Jurisdiction
Scotland
Judgment Date
31 March 2006
Procedural Posture
Civil / Minute of Amendment; Procedural Hearing
Outcome
minute of amendment allowed
Legal Topics
Amendment of Pleadings, Misdescription of Parties, Prescription and Limitation, Company Name Change
Civil Procedure Company Law Amendment of Pleadings Misdescription of Parties Prescription and Limitation Company Name Change

Case Brief

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Parties

Link Housing Association Limited

Pursuer

Link Group Limited

Pursuer (proposed Substitution)

Second Defenders

Defender

First Defenders

Defender

Fourth Defenders

Defender

Fifth Defenders

Defender

Procedural Posture

Civil / Minute of Amendment; Procedural Hearing

Legal Issues

  1. 1 Whether the pursuer may amend the instance to substitute Link Group Limited for Link Housing Association Limited after expiry of a contractual/statutory time bar
  2. 2 Whether detailed new averments of fact and duties of care may be introduced after the prescriptive period
  3. 3 Whether the amendment is one of form or substance

Ratio Decidendi

The amendment sought is a correction of misdescription and not the substitution of a fundamentally different party or cause of action. No prejudice to defenders is shown. The court's discretion should be exercised to allow the amendment, as it is a matter of form and not substance.

Court Disposition

minute of amendment allowed

Orders

  • Minute of amendment for the pursuers as answered by the defenders and thereafter adjusted is allowed.
  • Action to be put out by order to determine further procedure.