Burnside Kemp Fraser & Ors v Davies Or Skovronek & Anor [1999] ScotCS 209 (31 August 1999)

Burnside Kemp Fraser & Ors v Davies Or Skovronek & Anor [1999] ScotCS 209 (31 August 1999)

The pursuers' case based on acquiescence should be remitted to inquiry as there are sufficient averments to justify further examination. The first defender's pleas of forum non conveniens, lis alibi pendens, and no jurisdiction are repelled, some by concession. Certain averments are excluded from probation as per the first defender's fourth plea-in-law.

Citation
[1999] ScotCS 209
Parties
Pursuers: Burnside Kemp Fraser and Others; First Defender: Mrs Christine Anne Davies or Skovronek; Second Defender (no Longer Party): Another adult relative of the deceased
Jurisdiction
Scotland
Judgment Date
31 August 1999
Procedural Posture
Civil / Interlocutory Decision on Pleas in Law
Outcome
Interlocutory orders; case proceeds to inquiry on acquiescence; certain pleas repelled; some averments excluded from probation.
Legal Topics
Acquiescence, Forum Non Conveniens, Lis Alibi Pendens, Jurisdiction, Probation of Averments
Civil Procedure Acquiescence Forum Non Conveniens Lis Alibi Pendens Jurisdiction Probation of Averments

Case Brief

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Parties

Burnside Kemp Fraser and Others

Pursuers

Mrs Christine Anne Davies or Skovronek

First Defender

Another adult relative of the deceased

Second Defender (no Longer Party)

Procedural Posture

Civil / Interlocutory Decision on Pleas in Law

Legal Issues

  1. 1 Whether the pursuers' case based on acquiescence should proceed to inquiry
  2. 2 Whether the first defender's pleas-in-law regarding forum non conveniens, lis alibi pendens, and jurisdiction should be upheld
  3. 3 Whether certain averments should be excluded from probation

Ratio Decidendi

The pursuers' case based on acquiescence should be remitted to inquiry as there are sufficient averments to justify further examination. The first defender's pleas of forum non conveniens, lis alibi pendens, and no jurisdiction are repelled, some by concession. Certain averments are excluded from probation as per the first defender's fourth plea-in-law.

Court Disposition

Interlocutory orders; case proceeds to inquiry on acquiescence; certain pleas repelled; some averments excluded from probation.

Orders

  • Repel first defender's third plea-in-law (forum non conveniens)
  • Repel first defender's second plea-in-law (lis alibi pendens) by concession