Henderson v Greater Glasgow Health Board [2014] ScotCS CSIH_41 (04 February 2014)

Henderson v Greater Glasgow Health Board [2014] ScotCS CSIH_41 (04 February 2014)

It is incompetent to allow a minute of amendment in substantially identical terms to one previously refused by final interlocutor in the Outer House; section 18 of the Court of Session Act 1988 prevails and Rule of Court 24.1 does not provide an exception for change of circumstances.

Citation
[2014] ScotCS CSIH_41
Parties
Pursuer and Reclaimer: Elizabeth Henderson; Defenders and Respondents: Greater Glasgow Health Board
Jurisdiction
Scotland
Judgment Date
04 February 2014
Procedural Posture
Civil Action for Damages (professional Negligence) / Reclaiming Motion (appeal) Against Refusal to Allow Minute of Amendment
Outcome
reclaiming motion refused
Legal Topics
Amendment of Pleadings, Finality of Interlocutors, Professional Negligence, Judicial Discretion
Civil Procedure Medical Negligence Amendment of Pleadings Finality of Interlocutors Professional Negligence Judicial Discretion

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Parties

Elizabeth Henderson

Pursuer and Reclaimer

Greater Glasgow Health Board

Defenders and Respondents

Procedural Posture

Civil Action for Damages (professional Negligence) / Reclaiming Motion (appeal) Against Refusal to Allow Minute of Amendment

Legal Issues

  1. 1 Whether it was competent to allow a minute of amendment in substantially identical terms to one previously refused
  2. 2 Whether Rule of Court 24.1 permits reconsideration of amendment after final interlocutor under section 18 of the Court of Session Act 1988

Ratio Decidendi

It is incompetent to allow a minute of amendment in substantially identical terms to one previously refused by final interlocutor in the Outer House; section 18 of the Court of Session Act 1988 prevails and Rule of Court 24.1 does not provide an exception for change of circumstances.

Court Disposition

reclaiming motion refused

Orders

  • minute of amendment not allowed to be received
  • cause to proceed as accords