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John Strachan v. Railtrack plc [2007] CSOH 100

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This was a motion by the pursuer to allow amendment of the closed record in an action of damages for personal injuries. The defenders opposed the pursuer's motion for leave to amend on the grounds that their ability to investigate had been materially hampered by the passage of time - the date of the accident at work was 8 April 1998- the averments the pursuer sought to add were irrelevant and the case under the Regulations of 1992 was both time-barred and irrelevant. It was submitted on behalf of the pursuers that the defenders had already made extensive investigations into the accident and the motion should be allowed. The court here considered whether the closed record should be allowed to be amended in terms of the pursuer's minute of amendment.

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