Brady v Messrs Neilsons [1999] ScotCS 5 (8 January 1999)

Brady v Messrs Neilsons [1999] ScotCS 5 (8 January 1999)

The pursuer's averments, taken at face value, are not so lacking that the case must fail at this stage; the existence of a solicitor-client relationship and related facts require elucidation by evidence at proof.

Citation
[1999] ScotCS 5
Parties
Pursuer: John Brady; Defenders: Messrs Neilsons
Jurisdiction
Scotland
Judgment Date
08 January 1999
Procedural Posture
Civil Professional Negligence / Debate on Preliminary Plea (procedure Roll); Decision to Allow Proof Before Answer
Outcome
Proof before answer allowed; defenders' preliminary plea reserved.
Legal Topics
Existence of Solicitor Client Relationship, Duty of Care by Solicitors, Proof Before Answer, Pleading Requirements
Professional Negligence Solicitor Client Relationship Civil Procedure Existence of Solicitor Client Relationship Duty of Care by Solicitors Proof Before Answer Pleading Requirements

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Parties

John Brady

Pursuer

Messrs Neilsons

Defenders

Procedural Posture

Civil Professional Negligence / Debate on Preliminary Plea (procedure Roll); Decision to Allow Proof Before Answer

Legal Issues

  1. 1 Whether the pursuer's averments are sufficient to establish the existence of a solicitor-client relationship between the pursuer and defenders in the relevant transaction
  2. 2 Whether the case should be dismissed at the debate stage or proceed to proof

Ratio Decidendi

The pursuer's averments, taken at face value, are not so lacking that the case must fail at this stage; the existence of a solicitor-client relationship and related facts require elucidation by evidence at proof.

Court Disposition

Proof before answer allowed; defenders' preliminary plea reserved.

Orders

  • Allow proof before answer.
  • Reserve defenders' preliminary plea.