MacDonald v Brough [2001] ScotCS 273 (28 November 2001)

MacDonald v Brough [2001] ScotCS 273 (28 November 2001)

The pursuer's averments, while not exhaustively detailed, provide adequate notice to the defender of the case to be met regarding loss of income and business succession, entitling the pursuer to proceed to proof.

Citation
[2001] ScotCS 273
Parties
Pursuer: Neil Angus MacDonald; Defender: Duncan Brough
Jurisdiction
Scotland
Judgment Date
28 November 2001
Procedural Posture
Civil Action for Damages (personal Injury, Loss of Income) / Procedure Roll (plea in Law, Relevancy Debate)
Outcome
Defender's first plea-in-law repelled; proof allowed.
Legal Topics
Loss of Income, Adequacy of Pleadings, Notice of Case, Business Valuation, Proof Before Answer
Personal Injury Civil Procedure Loss of Income Adequacy of Pleadings Notice of Case Business Valuation Proof Before Answer

Case Brief

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Parties

Neil Angus MacDonald

Pursuer

Duncan Brough

Defender

Procedural Posture

Civil Action for Damages (personal Injury, Loss of Income) / Procedure Roll (plea in Law, Relevancy Debate)

Legal Issues

  1. 1 Whether the pursuer's averments regarding loss of income and business succession provide adequate notice to the defender for proof.
  2. 2 Whether the pleadings are sufficiently specific regarding the computation and source of claimed increased business income.

Ratio Decidendi

The pursuer's averments, while not exhaustively detailed, provide adequate notice to the defender of the case to be met regarding loss of income and business succession, entitling the pursuer to proceed to proof.

Court Disposition

Defender's first plea-in-law repelled; proof allowed.

Orders

  • Repel defender's first plea-in-law.
  • Allow parties a proof.