Newcastle Building Society v Paterson Robertson & Graham [2001] ScotCS 66 (20 March 2001)

Newcastle Building Society v Paterson Robertson & Graham [2001] ScotCS 66 (20 March 2001)

On the pleadings, it cannot be excluded that the defenders owed a duty of care to the pursuers in respect of their entering into the transaction as such, and that the loss claimed is within the scope of that duty. The pursuers' averments are sufficient to allow proof before answer; the defenders' preliminary plea is refused.

Citation
[2001] ScotCS 66
Parties
Pursuer: Newcastle Building Society; Defender: Paterson Robertson & Graham
Jurisdiction
Scotland
Judgment Date
20 March 2001
Procedural Posture
Civil / Preliminary Plea (motion to Dismiss and for Exclusion of Averments From Proof)
Outcome
Proof before answer allowed; defenders' preliminary plea refused.
Legal Topics
Solicitor's Duty of Care, Measure of Damages, Scope of Duty, Causation, Remoteness of Damage
Professional Negligence Contract Law Delict (tort) Solicitor's Duty of Care Measure of Damages Scope of Duty Causation Remoteness of Damage

Case Brief

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Parties

Newcastle Building Society

Pursuer

Paterson Robertson & Graham

Defender

Procedural Posture

Civil / Preliminary Plea (motion to Dismiss and for Exclusion of Averments From Proof)

Legal Issues

  1. 1 Whether the loss claimed by the pursuers is within the scope of the defenders' duty of care or contract
  2. 2 Whether the defenders' breach of duty caused the pursuers' loss
  3. 3 Whether the pursuers' averments regarding damages and causation are sufficient for proof

Ratio Decidendi

On the pleadings, it cannot be excluded that the defenders owed a duty of care to the pursuers in respect of their entering into the transaction as such, and that the loss claimed is within the scope of that duty. The pursuers' averments are sufficient to allow proof before answer; the defenders' preliminary plea is refused.

Court Disposition

Proof before answer allowed; defenders' preliminary plea refused.

Orders

  • Allow proof before answer on the pursuers' averments.
  • Refuse the defenders' motion to dismiss and for exclusion of averments.