AUTAURIC LTD AGAINST GLASGOW STAGE CREW LTD [2019] ScotCS CSOH_111 (27 December 2019)

AUTAURIC LTD AGAINST GLASGOW STAGE CREW LTD [2019] ScotCS CSOH_111 (27 December 2019)

The defender's minute of amendment was refused because it was not necessary to determine the real issue in controversy, the defender had already had sufficient opportunity to clarify its position, no credible explanation for the late amendment was provided, and allowing the amendment would undermine the objectives of modern case management in commercial actions.

Citation
[2019] ScotCS CSOH_111
Parties
Pursuer: Autauric Limited; Defender: Glasgow Stage Crew Limited
Jurisdiction
Scotland
Judgment Date
27 December 2019
Procedural Posture
Commercial Action / Interlocutory Motion for Receipt of Minute of Amendment
Outcome
defender's motion for receipt of minute of amendment refused
Legal Topics
Amendment of Pleadings, Case Management, Oral Contracts, Admissions and Retractions, Identity of Contracting Parties
Civil Procedure Contract Law Commercial Law Amendment of Pleadings Case Management Oral Contracts Admissions and Retractions Identity of Contracting Parties

Case Brief

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Parties

Autauric Limited

Pursuer

Glasgow Stage Crew Limited

Defender

Procedural Posture

Commercial Action / Interlocutory Motion for Receipt of Minute of Amendment

Legal Issues

  1. 1 Whether the defender should be allowed to amend its pleadings to retract admissions regarding the identity of the contracting party and the existence of the contract.
  2. 2 Whether the proposed amendment is necessary to determine the real issue in controversy between the parties.
  3. 3 What test should be applied by the court in considering the receipt of a minute of amendment at an advanced stage of proceedings.

Ratio Decidendi

The defender's minute of amendment was refused because it was not necessary to determine the real issue in controversy, the defender had already had sufficient opportunity to clarify its position, no credible explanation for the late amendment was provided, and allowing the amendment would undermine the objectives of modern case management in commercial actions.

Court Disposition

defender's motion for receipt of minute of amendment refused

Orders

  • Minute of amendment not received; motion refused.