Burnside Kemp Fraser & Ors v Barr [1999] ScotCS 206 (31 August 1999)

Burnside Kemp Fraser & Ors v Barr [1999] ScotCS 206 (31 August 1999)

The defender's pleas of no jurisdiction, forum non conveniens, and lis alibi pendens are not sustained for the reasons given in Burnside Kemp Fraser v Parker and Burnside Kemp Fraser v Robb. However, certain averments in the pursuers' pleadings are excluded from probation as specified.

Citation
[1999] ScotCS 206
Parties
Pursuers: Burnside Kemp Fraser and Others; Defender: John Leonard Barr
Jurisdiction
Scotland
Judgment Date
31 August 1999
Procedural Posture
Civil / Interlocutory (pleadings and Preliminary Pleas)
Outcome
Defender's third plea-in-law (forum non conveniens), first plea-in-law (no jurisdiction), and second plea-in-law (lis alibi pendens) repelled; fourth plea-in-law sustained in part; case put out By Order for further discussion.
Legal Topics
Jurisdiction, Forum Non Conveniens, Lis Alibi Pendens, Pleadings
Civil Procedure Jurisdiction Forum Non Conveniens Lis Alibi Pendens Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Burnside Kemp Fraser and Others

Pursuers

John Leonard Barr

Defender

Procedural Posture

Civil / Interlocutory (pleadings and Preliminary Pleas)

Legal Issues

  1. 1 Whether the court has jurisdiction over the defender
  2. 2 Whether the plea of forum non conveniens should be sustained
  3. 3 Whether the plea of lis alibi pendens applies

Ratio Decidendi

The defender's pleas of no jurisdiction, forum non conveniens, and lis alibi pendens are not sustained for the reasons given in Burnside Kemp Fraser v Parker and Burnside Kemp Fraser v Robb. However, certain averments in the pursuers' pleadings are excluded from probation as specified.

Court Disposition

Defender's third plea-in-law (forum non conveniens), first plea-in-law (no jurisdiction), and second plea-in-law (lis alibi pendens) repelled; fourth plea-in-law sustained in part; case put out By Order for further discussion.

Orders

  • Repel defender's third plea-in-law (forum non conveniens)
  • Repel defender's first plea-in-law (no jurisdiction)