McLeod Prentice v Sandeman [2011] ScotCS CSOH_18 (28 January 2011)

McLeod Prentice v Sandeman [2011] ScotCS CSOH_18 (28 January 2011)

The pleadings are in such disarray that a judicial determination cannot reasonably be made; however, the defects are not fundamentally incurable, and in the interests of justice, the pursuer should be given a further opportunity to put his pleadings in order.

Citation
[2011] ScotCS CSOH_18
Parties
Pursuer: Hamish McLeod Prentice; Defender: Richard Allan Sandeman
Jurisdiction
Scotland
Judgment Date
28 January 2011
Procedural Posture
Ordinary Action for Professional Negligence / Debate on Defender's Preliminary Pleas (competency and Relevancy)
Outcome
Pursuer given further opportunity to amend pleadings; action not dismissed at this stage.
Legal Topics
Competency of Pleadings, Relevancy of Averments, Professional Duty of Care, Causation in Negligence, Prescription
Civil Procedure Professional Negligence Competency of Pleadings Relevancy of Averments Professional Duty of Care Causation in Negligence Prescription

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Parties

Hamish McLeod Prentice

Pursuer

Richard Allan Sandeman

Defender

Procedural Posture

Ordinary Action for Professional Negligence / Debate on Defender's Preliminary Pleas (competency and Relevancy)

Legal Issues

  1. 1 Whether the action is incompetent due to improper form of closed record
  2. 2 Whether the pursuer's averments are irrelevant and lacking in specification
  3. 3 Whether the pleadings disclose a relevant case of professional negligence and causation

Ratio Decidendi

The pleadings are in such disarray that a judicial determination cannot reasonably be made; however, the defects are not fundamentally incurable, and in the interests of justice, the pursuer should be given a further opportunity to put his pleadings in order.

Court Disposition

Pursuer given further opportunity to amend pleadings; action not dismissed at this stage.

Orders

  • Pursuer ordained to lodge a closed record in proper form.
  • Case put out By Order for further procedure.