Allan Or Darrie v Duncan & Ors [2000] ScotCS 270 (2 November 2000)

Allan Or Darrie v Duncan & Ors [2000] ScotCS 270 (2 November 2000)

The pursuer's pleadings are sufficiently specified to give fair notice of her claim for damages arising from the alleged breach of contract by her solicitors. The loss is to be valued at the date the right was lost, and the averments regarding matrimonial property, the husband's earnings, and pension rights are adequate for the case to proceed to proof. The attack on the pleadings for lack of specification fails.

Citation
[2000] ScotCS 270
Parties
Pursuer: Mrs Vida Allan or Darrie; Defenders: Nigel Rodney Duncan and Others
Jurisdiction
Scotland
Judgment Date
02 November 2000
Procedural Posture
Civil Professional Negligence / Procedure Roll (pleadings Challenge)
Outcome
Proof before answer allowed; challenge to relevancy and specification of pleadings rejected.
Legal Topics
Financial Provision on Divorce, Solicitor's Duty of Care, Loss of Chance, Assessment of Damages, Specification of Pleadings
Family Law Professional Negligence Contract Law Financial Provision on Divorce Solicitor's Duty of Care Loss of Chance Assessment of Damages Specification of Pleadings

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Parties

Mrs Vida Allan or Darrie

Pursuer

Nigel Rodney Duncan and Others

Defenders

Procedural Posture

Civil Professional Negligence / Procedure Roll (pleadings Challenge)

Legal Issues

  1. 1 Whether the pursuer's pleadings give fair and sufficient notice and specification of her claim for damages against solicitors for loss of financial provision rights on divorce due to alleged inadequate advice.

Ratio Decidendi

The pursuer's pleadings are sufficiently specified to give fair notice of her claim for damages arising from the alleged breach of contract by her solicitors. The loss is to be valued at the date the right was lost, and the averments regarding matrimonial property, the husband's earnings, and pension rights are adequate for the case to proceed to proof. The attack on the pleadings for lack of specification fails.

Court Disposition

Proof before answer allowed; challenge to relevancy and specification of pleadings rejected.

Orders

  • Both parties allowed a proof before answer without repelling any pleas.