Burnside Kemp Fraser & Ors v Watson [1999] ScotCS 204 (31 August 1999)

Burnside Kemp Fraser & Ors v Watson [1999] ScotCS 204 (31 August 1999)

The court found that the plea of forum non conveniens was not relevant in the circumstances and that certain averments in the pursuers' pleadings should be excluded from probation as specified.

Citation
[1999] ScotCS 204
Parties
Pursuers: Burnside Kemp Fraser and Others; Defender: George Watson
Jurisdiction
Scotland
Judgment Date
31 August 1999
Procedural Posture
Civil / Interlocutory (pleadings and Relevancy)
Outcome
Defender's fifth plea-in-law (forum non conveniens) repelled; defender's eighth plea-in-law sustained to the extent of excluding specified averments from probation; case to be put out By Order for further discussion.
Legal Topics
Forum Non Conveniens, Pleadings, Probation
Civil Procedure Forum Non Conveniens Pleadings Probation

Case Brief

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Parties

Burnside Kemp Fraser and Others

Pursuers

George Watson

Defender

Procedural Posture

Civil / Interlocutory (pleadings and Relevancy)

Legal Issues

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

Ratio Decidendi

The court found that the plea of forum non conveniens was not relevant in the circumstances and that certain averments in the pursuers' pleadings should be excluded from probation as specified.

Court Disposition

Defender's fifth plea-in-law (forum non conveniens) repelled; defender's eighth plea-in-law sustained to the extent of excluding specified averments from probation; case to be put out By Order for further discussion.

Orders

  • Repel defender's fifth plea-in-law (forum non conveniens)
  • Sustain defender's eighth 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'