Perth & Kinross Council v Scottish Water and another

Civil procedure – Court of Session – Amendment – Prescription. Court of Session: Refusing a reclaiming motion in proceedings in which the pursuers claimed that the first defenders were responsible for damage to their property caused by flooding and following lodging of defences were allowed by the Lord Ordinary to change the name and designation of the first defenders, the court agreed with the Lord Ordinary that it was fair and reasonable and in the interests of justice to allow the amendment as it was not used to circumvent the prescriptive time bar, nor did it bring about any fundamental change in the nature of the pursuers' case, and there was no prejudice to the first defenders.

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