Burnett v. Dougal & Ors [2005] ScotCS CSIH_67 (24 August 2005)

Burnett v. Dougal & Ors [2005] ScotCS CSIH_67 (24 August 2005)

The pursuer's pleadings are relevantly supported by averments of primary fact capable of sustaining the inference that instructions were given to implement the handwritten note. The secondary case, as amended, is also relevantly supported by averments of loss. Issues of causation and quantification of loss should be...

Source-derived case information.

Citation
[2005] ScotCS CSIH_67
Parties
Pursuer and Reclaimer: Verona Burnett (A. P.); Defenders and Respondents: Menzies Dougal, W. S. and Others
Jurisdiction
Scotland
Judgment Date
24 August 2005
Procedural Posture
Reclaiming Motion (appeal) / Interlocutory Appeal Against Dismissal; Decision on Relevancy and Amendment
Outcome
Reclaiming motion allowed; interlocutor recalled; proof before answer allowed.
Legal Topics
Solicitor's Duty of Care, Pleading Standards, Causation of Loss, Amendment of Pleadings
Professional Negligence Contract Law Delict Solicitor's Duty of Care Pleading Standards Causation of Loss Amendment of Pleadings

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Parties

Verona Burnett (A. P.)

Pursuer and Reclaimer

Menzies Dougal, W. S. and Others

Defenders and Respondents

Procedural Posture

Reclaiming Motion (appeal) / Interlocutory Appeal Against Dismissal; Decision on Relevancy and Amendment

Legal Issues

  1. 1 Whether pursuer's pleadings are irrelevant for lack of specification
  2. 2 Proper use of 'believed and averred' in pleadings
  3. 3 Whether secondary case based on solicitor's knowledge is relevant

Ratio Decidendi

The pursuer's pleadings are relevantly supported by averments of primary fact capable of sustaining the inference that instructions were given to implement the handwritten note. The secondary case, as amended, is also relevantly supported by averments of loss. Issues of causation and quantification of loss should be determined after proof, not on the pleadings.

Court Disposition

Reclaiming motion allowed; interlocutor recalled; proof before answer allowed.

Orders

  • Pursuer permitted to amend pleadings as proposed.
  • Recall of Lord Ordinary's interlocutor of 24 February 2004.