How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

Appearing as a defender in a small claim ,I have provided the

This answer was rated:

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,,,
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 and other Scots Law Specialists are ready to help you