The Rules of the Scottish Land Court Order 2014

Amendment of application

10.—(1) At any time before the issue of the final order in a case the court may, either at its own instance or on the motion of an interested person—

(a) allow the specification of any order sought by a party to be amended;

(b) where a person has improperly or unnecessarily been made a party to the case, strike out any reference to the person as a party;

(c) where a person—

(i) was not made a party who should have been; or

(ii) though made a party was not properly characterised (for example as applicant or respondent or as an individual),

add the name of the person as a party or as the case may be properly characterise the person,

(d) add (whether or not in substitution) the name of any person as a party who by reason of—

(i) any assignation or renunciation by any of the parties;

(ii) the sequestration or death of any of the parties; or

(iii) any other event,

has acquired a right or interest, or become subject to a liability, in respect of matters to which the case relates; or

(e) allow a party to amend any assertion of fact by that party in written pleadings.

(2) Without prejudice to the generality of sub-paragraph (a) of paragraph (1), amendment under that sub-paragraph may include—

(a) seeking an additional or alternative remedy;

(b) where a sum of money is sought, seeking a different sum; or

(c) subjecting an additional area of, or right in, land to the adjudication of the court.

(3) A motion granted under paragraph (1) may be granted subject to such conditions as to expenses or otherwise as the court thinks fit.

(4) Opportunity is to be given either—

(a) if the motion is granted, for amendment in answer; or

(b) for answer before the motion is granted.