Docherty and others v Secretary of State for Business, Innovation and Skills and another

Civil procedure – Limitation of actions – Triennium – Amendment. Court of Session: In a personal injury action in a fatal asbestos case which the court had earlier dismissed in so far as brought by the second to twenty-fourth pursuers against the second defenders and had allowed the first pursuers to lodge a minute of amendment replacing the claim under the Damages (Scotland) Act 2011 with a new claim under the Fatal Accidents Act 1976, the court held that s 23A of the Prescription and Limitation (Scotland) Act 1973 did not apply and the amendment to bring in the pursuers' new claim after expiry of the triennium was governed by Scots law on amendment of pleadings rather than English law; it exercised its discretion against allowing amendment under Scots law, dismissed the action in so far as directed against the second defenders, refused the first defender's motion to dismiss the action and put out the case by order.

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