Burnett v. Menzies Dougal (a firm) & Ors [2004] ScotCS 40 (24 February 2004)

Burnett v. Menzies Dougal (a firm) & Ors [2004] ScotCS 40 (24 February 2004)

The pursuer failed to aver with sufficient specificity the instructions given to the solicitor regarding the preparation of a Minute of Agreement, and failed to aver a relevant causal link between any alleged breach and the loss claimed, as the underlying agreement was enforceable without the formal document. The...

Source-derived case information.

Citation
[2004] ScotCS 40
Parties
Pursuer: Verona Burnett; Defender: Menzies Dougal (a firm); Defender: Peter D Aitken; Defender: Gordon S Lockerbie; Defender: Alexander D Burnett
Jurisdiction
Scotland
Judgment Date
24 February 2004
Procedural Posture
Civil Professional Negligence / Procedure Roll (pleading Stage)
Outcome
Action dismissed
Legal Topics
Solicitor's Duty of Care, Conveyancing, Breach of Contract, Causation of Loss
Professional Negligence Contract Law Solicitor's Duty of Care Conveyancing Breach of Contract Causation of Loss

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Parties

Verona Burnett

Pursuer

Menzies Dougal (a firm)

Defender

Peter D Aitken

Defender

Gordon S Lockerbie

Defender

Alexander D Burnett

Defender

Procedural Posture

Civil Professional Negligence / Procedure Roll (pleading Stage)

Legal Issues

  1. 1 Whether the pursuer averred sufficient and specific instructions given to the solicitor to found a case of breach of contract or negligence
  2. 2 Whether the pursuer averred a relevant causal link between the alleged negligence and the loss claimed

Ratio Decidendi

The pursuer failed to aver with sufficient specificity the instructions given to the solicitor regarding the preparation of a Minute of Agreement, and failed to aver a relevant causal link between any alleged breach and the loss claimed, as the underlying agreement was enforceable without the formal document. The action was therefore irrelevant and bound to fail.

Court Disposition

Action dismissed

Orders

  • Sustained first plea-in-law for the defenders
  • Dismissed the action