Rankin v Wilson Terris & Co & Ors [2001] ScotCS 41 (16 February 2001)

Rankin v Wilson Terris & Co & Ors [2001] ScotCS 41 (16 February 2001)

The pursuer's pleadings, though convoluted, sufficiently set out a relevant case that the solicitors' negligence caused loss of an opportunity to compromise, and this cannot be dismissed as irrelevant at this stage.

Citation
[2001] ScotCS 41
Parties
Pursuer: Thomas Combe Rankin; Defenders: Wilson Terris & Co, S. S. C. and Others
Jurisdiction
Scotland
Judgment Date
16 February 2001
Procedural Posture
Civil / Procedure Roll Hearing on Preliminary Pleas
Outcome
Proof before answer allowed; time bar plea reserved; part of averment withheld from probation.
Legal Topics
Solicitor's Negligence, Loss of Opportunity, Relevancy of Pleadings
Professional Negligence Civil Procedure Solicitor's Negligence Loss of Opportunity Relevancy of Pleadings

Case Brief

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Parties

Thomas Combe Rankin

Pursuer

Wilson Terris & Co, S. S. C. and Others

Defenders

Procedural Posture

Civil / Procedure Roll Hearing on Preliminary Pleas

Legal Issues

  1. 1 Whether the pursuer's claim against solicitors for loss of opportunity to compromise with architects is relevant
  2. 2 Whether the defenders' preliminary pleas to competency, time bar, and relevancy should be sustained

Ratio Decidendi

The pursuer's pleadings, though convoluted, sufficiently set out a relevant case that the solicitors' negligence caused loss of an opportunity to compromise, and this cannot be dismissed as irrelevant at this stage.

Court Disposition

Proof before answer allowed; time bar plea reserved; part of averment withheld from probation.

Orders

  • Proof before answer allowed
  • Time bar plea reserved for evidential investigation