Promontoria (Henrico) Ltd v Wilson and another

Civil procedure – Withdrawal of concession. Sheriff Appeal Court: In an action in which the pursuer sought payment of sums pursuant to a guarantee executed by the defenders, guaranteeing payment of certain obligations owed by a company, conceding before the sheriff that the company's obligation to make payment had prescribed but arguing that a demand for payment had begun a new prescriptive period, then before the Sheriff Appeal Court, after counsel for respondents had almost finished his submission, seeking to withdraw the concession, the court, having regard inter alia to the fact that the concession was a fundamental part of the litigation, not a minor or incidental matter, declined to exercise its discretion to allow the concession to be withdrawn and to allow a minute of amendment to be received.

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