Vyncint LTD against Ryanair DAC (Sheriff Court Civil) [2025] SCAYR 100 (16 October 2025)

Vyncint LTD against Ryanair DAC (Sheriff Court Civil) [2025] SCAYR 100 (16 October 2025)

The pursuer's revised minute of amendment does not introduce a new claim after expiry of prescription, as it is based on the same general obligations as the original claim. The amendments are necessary to determine the real question in controversy, and it is in the interests of justice to allow the amendment. The defender is allowed four weeks to answer, and expenses are reserved to the Rule 18.3 hearing.

Citation
[2025] SCAYR 100
Parties
Pursuer: Vyncint Limited; Defender: Ryanair DAC
Jurisdiction
Scotland
Judgment Date
16 October 2025
Procedural Posture
Civil Action for Payment and Counterclaim / Interlocutory Order on Amendment and Procedural Directions
Outcome
Amendment allowed; procedural directions issued; expenses reserved.
Legal Topics
Amendment of Pleadings, Prescription, Expenses, Construction Contracts
Contract Law Civil Procedure Amendment of Pleadings Prescription Expenses Construction Contracts

Case Brief

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Parties

Vyncint Limited

Pursuer

Ryanair DAC

Defender

Procedural Posture

Civil Action for Payment and Counterclaim / Interlocutory Order on Amendment and Procedural Directions

Legal Issues

  1. 1 Whether the pursuer's revised minute of amendment introduces a new claim after expiry of the prescriptive period
  2. 2 Whether the proposed amendments are necessary to determine the real question in controversy
  3. 3 Whether the court should exercise discretion to allow the amendment

Ratio Decidendi

The pursuer's revised minute of amendment does not introduce a new claim after expiry of prescription, as it is based on the same general obligations as the original claim. The amendments are necessary to determine the real question in controversy, and it is in the interests of justice to allow the amendment. The defender is allowed four weeks to answer, and expenses are reserved to the Rule 18.3 hearing.

Court Disposition

Amendment allowed; procedural directions issued; expenses reserved.

Orders

  • Allows the revised minute of amendment for the pursuer to be received.
  • Allows the defender four weeks in which to lodge answers.