Burnside Kemp Fraser & Ors v Derrick, Known As Innes, & Others [1999] ScotCS 213 (31 August 1999)

Burnside Kemp Fraser & Ors v Derrick, Known As Innes, & Others [1999] ScotCS 213 (31 August 1999)

For reasons given in the related opinions, the defenders' second plea-in-law is repelled and their third plea-in-law is sustained 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'.

Citation
[1999] ScotCS 213
Parties
Pursuers: Burnside Kemp Fraser and Others; Defenders: Mrs Shona Derrick, known as Innes, and Others
Jurisdiction
Scotland
Judgment Date
31 August 1999
Procedural Posture
Civil / Interlocutory (pleadings and Relevancy)
Outcome
Defenders' second plea-in-law repelled; third plea-in-law sustained in part; specified averments excluded from probation; case put out By Order for further discussion.
Legal Topics
Forum Non Conveniens, Pleadings, Probation of Averments
Civil Procedure Forum Non Conveniens Pleadings Probation of Averments

Case Brief

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Parties

Burnside Kemp Fraser and Others

Pursuers

Mrs Shona Derrick, known as Innes, and Others

Defenders

Procedural Posture

Civil / Interlocutory (pleadings and Relevancy)

Legal Issues

  1. 1 Whether the defenders' plea of forum non conveniens should be sustained
  2. 2 Whether certain averments by the pursuers should be excluded from probation

Ratio Decidendi

For reasons given in the related opinions, the defenders' second plea-in-law is repelled and their third plea-in-law is sustained 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'.

Court Disposition

Defenders' second plea-in-law repelled; third plea-in-law sustained in part; specified averments excluded from probation; case put out By Order for further discussion.

Orders

  • Exclusion from probation of pursuers' averments in article 4 of the condescendence from 'All of the Solicitors' to 'enter into the foregoing agreement'
  • Case put out By Order for further discussion