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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10647
Experience:  30 years as a practising solicitor.
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Appearing as a defender in a small claim ,I have provided the

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Appearing as a defender in a small claim ,I have provided the other side with all pertinent information within the allowed time and have proved to them i am not liable as the business owner for a commercial incident of damage ,that i was only a representative of a small company run by another individual .They have now made an incidental application to delete the words trading as and re-worded the claim to take out the company name ,changing the goalposts so to speak and now coming after myself as an individual there is little more than a week to proof , and the application calls tomorrow. My question is when in court can i oppose this application and how do I address the court to that end..A Scottish Sheriff,,,
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If the proof is next week it is likely that the IA cannot be dealt with until immediately before the proof diet is due to start.

You oppose the application by arguing prejudice to your own defence which will have been framed having regard to the capacity in which you have been sued up to now. If that capacity is changed it would be logical that the nature of your defence would have to change. (You don't say much about what the case is about so I am making assumptions).

However, I would suggest to the sheriff that their application comes too late, they have sued the wrong party and that the case should be dismissed with expenses in your favour. If they want to re raise the action against you in a different capacity they can do so but the current action is not capable of being amended without substantial prejudice to you.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10647
Experience: 30 years as a practising solicitor.
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