Watts v. Bell & Scott W.S. [2004] ScotCS 11 (14 January 2004)

Watts v. Bell & Scott W.S. [2004] ScotCS 11 (14 January 2004)

The pursuer's pleadings sufficiently allege special circumstances and a unique development opportunity known to the defenders, entitling him to inquiry into loss of profit as a head of damages; the matter requires proof and cannot be dismissed at this stage.

Citation
[2004] ScotCS 11
Parties
Pursuer: Justin Alexander Watts; Defenders: Bell & Scott, W. S.
Jurisdiction
Scotland
Judgment Date
14 January 2004
Procedural Posture
Civil / Interlocutory (pleadings Debate, Proof Before Answer Allowed)
Outcome
Proof before answer allowed on quantification of the pursuer's claim.
Legal Topics
Damages for Breach of Contract, Loss of Profit, Solicitor's Negligence, Measure of Damages
Contract Law Professional Negligence Damages for Breach of Contract Loss of Profit Solicitor's Negligence Measure of Damages

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Parties

Justin Alexander Watts

Pursuer

Bell & Scott, W. S.

Defenders

Procedural Posture

Civil / Interlocutory (pleadings Debate, Proof Before Answer Allowed)

Legal Issues

  1. 1 Whether loss of development profit is a relevant and recoverable head of damages in a claim against solicitors for failure to submit a property offer on time
  2. 2 Whether the pursuer's pleadings are sufficient to allow inquiry into special circumstances justifying loss of profit damages

Ratio Decidendi

The pursuer's pleadings sufficiently allege special circumstances and a unique development opportunity known to the defenders, entitling him to inquiry into loss of profit as a head of damages; the matter requires proof and cannot be dismissed at this stage.

Court Disposition

Proof before answer allowed on quantification of the pursuer's claim.

Orders

  • Proof before answer allowed on the quantification of the pursuer's claim.