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Minshull v. The Advocate General - time limits - Scottish Court of Session 10.7.07

Mr Minshull brought personal injury proceedings against the RAF in the Court of Session. There was an error in the date he gave as to when the alleged incident took place, and this had an effect on the limitation period of the claim. The Court stated the general principle that an amendment will not generally be allowed where it alters the case after expiry of a time limit which would operate as a bar to pursuing the amended case in the form of a new action. However the particular circumstances of this case meant that it was in the interests of justice to allow the amendment.

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