Burnside Kemp Fraser & Ors v Innes [1999] ScotCS 201 (31 August 1999)

Burnside Kemp Fraser & Ors v Innes [1999] ScotCS 201 (31 August 1999)

The court held that the pursuers' case based on acquiescence could not be disposed of on the pleadings and required inquiry. The defender's plea of forum non conveniens was repelled, and certain averments were excluded from probation as specified.

Citation
[1999] ScotCS 201
Parties
Pursuers: Burnside Kemp Fraser and Others; Defender: Andrew Innes
Jurisdiction
Scotland
Judgment Date
31 August 1999
Procedural Posture
Civil / Interlocutory (pleadings and Preliminary Pleas)
Outcome
Defender's fifth plea-in-law (forum non conveniens) repelled; seventh plea-in-law sustained in part; certain averments excluded from probation; case put out By Order for further discussion.
Legal Topics
Acquiescence, Solicitor's Authority, Remuneration of Group Secretary, Forum Non Conveniens
Civil Procedure Acquiescence Solicitor's Authority Remuneration of Group Secretary Forum Non Conveniens

Case Brief

Summary, issues, holding and outcome

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Parties

Burnside Kemp Fraser and Others

Pursuers

Andrew Innes

Defender

Procedural Posture

Civil / Interlocutory (pleadings and Preliminary Pleas)

Legal Issues

  1. 1 Whether the defender acquiesced in the appointment and remuneration of Alexander Kemp as group secretary
  2. 2 Whether the pursuers' averments on acquiescence can be disposed of on the pleadings
  3. 3 Whether the plea of forum non conveniens should be upheld

Ratio Decidendi

The court held that the pursuers' case based on acquiescence could not be disposed of on the pleadings and required inquiry. The defender's plea of forum non conveniens was repelled, and certain averments were excluded from probation as specified.

Court Disposition

Defender's fifth plea-in-law (forum non conveniens) repelled; seventh plea-in-law sustained in part; certain averments excluded from probation; case put out By Order for further discussion.

Orders

  • Repel defender's fifth plea-in-law (forum non conveniens)
  • Sustain defender's seventh plea-in-law to the extent of excluding from probation the pursuers' averments in article 4 of the condescendence from 'All of the Solicitors' to 'enter into the foregoing agreement'