Burnside Kemp Fraser & Ors v Murphy Or Young & Ors [1999] ScotCS 211 (31 August 1999)

Burnside Kemp Fraser & Ors v Murphy Or Young & Ors [1999] ScotCS 211 (31 August 1999)

The court repelled the defenders' plea of forum non conveniens, accepted by concession the plea of lis alibi pendens, and excluded from probation certain averments as specified.

Citation
[1999] ScotCS 211
Parties
Pursuers: Burnside Kemp Fraser and Others; Defenders: Mrs Martha Sarah Murphy or Young and Others
Jurisdiction
Scotland
Judgment Date
31 August 1999
Procedural Posture
Civil / Interlocutory (pleas in Law Considered)
Outcome
Defenders' second plea-in-law (forum non conveniens) repelled; first plea-in-law (lis alibi pendens) repelled by concession; third plea-in-law sustained to extent of excluding specified averments from probation; case to be put out By Order for further discussion.
Legal Topics
Forum Non Conveniens, Lis Alibi Pendens, Probation of Averments
Civil Procedure Forum Non Conveniens Lis Alibi Pendens Probation of Averments

Case Brief

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Parties

Burnside Kemp Fraser and Others

Pursuers

Mrs Martha Sarah Murphy or Young and Others

Defenders

Procedural Posture

Civil / Interlocutory (pleas in Law Considered)

Legal Issues

  1. 1 Whether the Scottish court is the appropriate forum (forum non conveniens)
  2. 2 Whether there is a pending action elsewhere (lis alibi pendens)
  3. 3 Whether certain averments should be excluded from probation

Ratio Decidendi

The court repelled the defenders' plea of forum non conveniens, accepted by concession the plea of lis alibi pendens, and excluded from probation certain averments as specified.

Court Disposition

Defenders' second plea-in-law (forum non conveniens) repelled; first plea-in-law (lis alibi pendens) repelled by concession; third plea-in-law sustained to extent of excluding specified averments from probation; case to be put out By Order for further discussion.

Orders

  • Repel defenders' second plea-in-law (forum non conveniens)
  • Repel defenders' first plea-in-law (lis alibi pendens) by concession