Burnside Kemp Fraser & Ors v Gaffney Or Ross [1999] ScotCS 205 (31 August 1999)

Burnside Kemp Fraser & Ors v Gaffney Or Ross [1999] ScotCS 205 (31 August 1999)

The defender's plea of forum non conveniens is repelled and her plea to exclude certain averments from probation is sustained to the specified extent, following the reasoning in related cases involving the same parties and issues.

Citation
[1999] ScotCS 205
Parties
Pursuers: Burnside Kemp Fraser and Others; Defender: Mrs Jane Margaret Gaffney or Ross
Jurisdiction
Scotland
Judgment Date
31 August 1999
Procedural Posture
Civil / Interlocutory (pleadings and Preliminary Pleas)
Outcome
Defender's forum non conveniens plea repelled; defender's plea to exclude certain averments from probation sustained to specified extent; case to be put out By Order for further discussion.
Legal Topics
Forum Non Conveniens, Pleading Relevancy, Probation Exclusion
Civil Procedure Forum Non Conveniens Pleading Relevancy Probation Exclusion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Burnside Kemp Fraser and Others

Pursuers

Mrs Jane Margaret Gaffney or Ross

Defender

Procedural Posture

Civil / Interlocutory (pleadings and Preliminary Pleas)

Legal Issues

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

Ratio Decidendi

The defender's plea of forum non conveniens is repelled and her plea to exclude certain averments from probation is sustained to the specified extent, following the reasoning in related cases involving the same parties and issues.

Court Disposition

Defender's forum non conveniens plea repelled; defender's plea to exclude certain averments from probation sustained to specified extent; case to be put out By Order for further discussion.

Orders

  • Repel defender's second plea-in-law (forum non conveniens)
  • Sustain defender's third plea-in-law 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'