Paterson & Anor v. Paterson [2005] ScotSC 59 (12 September 2005)

Paterson & Anor v. Paterson [2005] ScotSC 59 (12 September 2005)

Once liability to account has been determined in an action of count reckoning and payment, it is incompetent to amend the original record to introduce new averments regarding the basis or quantification of liability; such matters must be addressed through the objections and answers procedure following production of the account.

Citation
[2005] ScotSC 59
Parties
Pursuer and Respondent: Iain Alexander Paterson; Pursuer and Respondent: Mrs Catherine Marion Paterson or Sneddon; Defender and Appellant: Heather Paterson
Jurisdiction
Scotland
Judgment Date
12 September 2005
Procedural Posture
Civil Appeal / Appeal Against Refusal to Amend Pleadings After Order to Account
Outcome
appeal refused
Legal Topics
Count Reckoning and Payment, Pleadings Amendment, Liability to Account, Intromissions With Estate
Civil Procedure Succession Law Count Reckoning and Payment Pleadings Amendment Liability to Account Intromissions With Estate

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Parties

Iain Alexander Paterson

Pursuer and Respondent

Mrs Catherine Marion Paterson or Sneddon

Pursuer and Respondent

Heather Paterson

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal Against Refusal to Amend Pleadings After Order to Account

Legal Issues

  1. 1 Whether amendment of the original record after an order to account is competent in an action of count reckoning and payment
  2. 2 Whether issues relating to the basis and quantification of liability can be introduced after the accounting stage

Ratio Decidendi

Once liability to account has been determined in an action of count reckoning and payment, it is incompetent to amend the original record to introduce new averments regarding the basis or quantification of liability; such matters must be addressed through the objections and answers procedure following production of the account.

Court Disposition

appeal refused

Orders

  • Appeal refused and sheriff's interlocutor of 1 October 2004 adhered to.
  • Defender and appellant found liable as an assisted person to the pursuers and respondents in the expenses of the appeal.