Burnside Kemp Fraser & Ors v Torrance Or Fullerton Or Carmichael & Ors [1999] ScotCS 214 (31 August 1999)

Burnside Kemp Fraser & Ors v Torrance Or Fullerton Or Carmichael & Ors [1999] ScotCS 214 (31 August 1999)

The court, following its reasoning in related cases, found the defenders' second plea-in-law (forum non conveniens) irrelevant and excluded 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 214
Parties
Pursuers: Burnside Kemp Fraser and Others; Defenders: Mrs Wendy Torrance or Fullerton or Carmichael 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; specific averments excluded from probation; case to be put out By Order for further discussion.
Legal Topics
Forum Non Conveniens, Pleading Relevancy, Exclusion From Probation
Civil Procedure Forum Non Conveniens Pleading Relevancy Exclusion From Probation

Case Brief

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Parties

Burnside Kemp Fraser and Others

Pursuers

Mrs Wendy Torrance or Fullerton or Carmichael and Others

Defenders

Procedural Posture

Civil / Interlocutory (pleadings and Relevancy)

Legal Issues

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

Ratio Decidendi

The court, following its reasoning in related cases, found the defenders' second plea-in-law (forum non conveniens) irrelevant and excluded 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; specific averments excluded from probation; case to be put out By Order for further discussion.

Orders

  • Repel defenders' second plea-in-law
  • Sustain defenders' 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'