Burnside Kemp Fraser & Ors v Innes [1999] ScotCS 203 (31 August 1999)

The court, following its reasoning in related cases, found the pursuers' averments in article 4 of the condescendence from 'All of the Solicitors' to 'enter into the foregoing agreement' should be excluded from probation as per the defender's seventh plea-in-law.

Citation: [1999] ScotCS 203
Parties: Pursuers: Burnside Kemp Fraser and Others; Defender: Gavin Innes
Jurisdiction: Scotland
Judgment Date: 31 August 1999
Procedural Posture: Civil / Interlocutory (plea in Law, Exclusion From Probation)
Outcome: Defender's fifth plea-in-law repelled; seventh plea-in-law sustained to the extent of exclusion from probation of specified averments; case put out By Order for further discussion.
Legal Topics: Plea in Law, Exclusion From Probation, Averments, Condscendence

Civil Procedure Plea in Law Exclusion From Probation Averments Condscendence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2

Parties

Burnside Kemp Fraser and Others

Pursuers

Gavin Innes

Defender

Procedural Posture

Civil / Interlocutory (plea in Law, Exclusion From Probation)

Legal Issues

1 Whether the pursuers' averments in article 4 of the condescendence should be excluded from probation

Ratio Decidendi

Court Disposition

Defender's fifth plea-in-law repelled; seventh plea-in-law sustained to the extent of exclusion from probation of specified averments; case put out By Order for further discussion.

Orders

Exclusion from probation of pursuers' averments in article 4 of the condescendence from 'All of the Solicitors' to 'enter into the foregoing agreement'
Case put out By Order for discussion of further matters