Link Housing Association Ltd v. PBL Construction Ltd & Ors [2008] ScotCS CSOH_112 (08 August 2008)

Link Housing Association Ltd v. PBL Construction Ltd & Ors [2008] ScotCS CSOH_112 (08 August 2008)

The prescriptive period under section 6 of the Prescription and Limitation (Scotland) Act 1973 was interrupted by the lodging of the original minute of amendment in March 2005, as fair notice was given to the defenders within the judicial process, regardless of whether the amendment was ultimately allowed. There was no substantive prejudice to the defenders apart from delay, and the amendment did not fundamentally alter the claim. Therefore, the court exercised its discretion to allow the pursuers to lodge a further minute of amendment.

Citation
[2008] ScotCS CSOH_112
Parties
Pursuer: Link Housing Association Limited; Defenders: PBL Construction Limited & Others; Defender: Fourth Defenders; Defender: Fifth Defenders
Jurisdiction
Scotland
Judgment Date
08 August 2008
Procedural Posture
Civil / Interlocutory Motion Regarding Amendment of Pleadings
Outcome
motion granted
Legal Topics
Amendment of Pleadings, Prescription and Limitation, Substitution of Parties, Fair Notice, Interruption of Prescription
Civil Procedure Contract Law Amendment of Pleadings Prescription and Limitation Substitution of Parties Fair Notice Interruption of Prescription

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Parties

Link Housing Association Limited

Pursuer

PBL Construction Limited & Others

Defenders

Fourth Defenders

Defender

Fifth Defenders

Defender

Procedural Posture

Civil / Interlocutory Motion Regarding Amendment of Pleadings

Legal Issues

  1. 1 Whether the lodging of a minute of amendment interrupts the prescriptive period under the Prescription and Limitation (Scotland) Act 1973 even if the amendment is ultimately refused
  2. 2 Whether the court should exercise its discretion to allow a further minute of amendment substituting the correct pursuer

Ratio Decidendi

The prescriptive period under section 6 of the Prescription and Limitation (Scotland) Act 1973 was interrupted by the lodging of the original minute of amendment in March 2005, as fair notice was given to the defenders within the judicial process, regardless of whether the amendment was ultimately allowed. There was no substantive prejudice to the defenders apart from delay, and the amendment did not fundamentally alter the claim. Therefore, the court exercised its discretion to allow the pursuers to lodge a further minute of amendment.

Court Disposition

motion granted

Orders

  • Pursuers allowed to lodge minute of amendment number 52 of process
  • Remaining defenders appointed to lodge answers within 28 days