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Act of Sederunt (Rules of the Court of Session 1994) 1994

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24.1.  (1)  In any cause the court may, at any time before final judgment, allow an amendment mentioned in paragraph (2).

(2) Paragraph (1) applies to the following amendments:–

(a)an amendment of a principal writ which may be necessary for the purpose of determining the real question in controversy between the parties, notwithstanding that in consequence of such amendment–

(i)the sum sued for in a summons is increased or restricted; or

(ii)a different remedy from that originally concluded for or craved is sought;

(b)an amendment which may be necessary–

(i)to correct or supplement the designation of a party to the cause;

(ii)to enable a party who has sued or has been sued in his own right to sue or be sued in a representative capacity;

(iii)to enable a party who has sued or has been sued in a representative capacity to sue or be sued in his own right or in a different representative capacity;

(iv)to add the name of an additional pursuer, a petitioner or person whose concurrence is necessary;

(v)where the cause has been commenced or presented in the name of the wrong person, or it is doubtful whether it has been commenced or presented in the name of the right person, to allow any other person to be sisted in substitution for, or in addition to, the original person; or

(vi)to direct conclusions against a third party brought into an action under Chapter 26 (third party procedure);

(c)an amendment of a condescendence, defences, answers, pleas-in-law or other pleadings which may be necessary for determining the real question in controversy between the parties; and

(d)where it appears that all parties having an interest have not been called or that the cause has been directed against the wrong person, an amendment inserting in the instance of the principal writ an additional or substitute party and directing existing or additional conclusions or craves, averments and pleas-in-law against that party.

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