Billy McGhee v Diageo Plc - overruling lower court discretion - Inner House, Court of Session 14.6.07

Mr McGhee appealed against a decision of the Lord Ordinary refusing him leave to amend his claim. The Court of Session allowed his appeal, and the amendment, because the Lord Ordinary had failed to consider the question of prejudice to the parties. Lord Osbourne considered the question of when the exercise of discretion by a lower court should, and should not, be overruled.