Burnside Kemp Fraser & Ors v Davis [1999] ScotCS 202 (31 August 1999)

The defender's pleas of forum non conveniens and lis alibi pendens are not sustained for the reasons given in related cases; certain averments in the pursuers' pleadings are excluded from probation as per the defender's third plea-in-law.

Citation: [1999] ScotCS 202
Parties: Pursuers: Burnside Kemp Fraser and Others; Defender: David Gale William Davis
Jurisdiction: Scotland
Judgment Date: 31 August 1999
Procedural Posture: Civil / Interlocutory (plea in Law Rulings)
Outcome: Defender's second plea-in-law (forum non conveniens) repelled; first plea-in-law (lis alibi pendens) repelled of concession; third plea-in-law sustained to the extent of excluding specified averments from probation; case to be put out By Order for further discussion.
Legal Topics: Forum Non Conveniens, Lis Alibi Pendens, Pleadings, Probation

Civil Procedure Forum Non Conveniens Lis Alibi Pendens Pleadings Probation

Case Brief

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Parties

Burnside Kemp Fraser and Others

Pursuers

David Gale William Davis

Defender

Procedural Posture

Civil / Interlocutory (plea in Law Rulings)

Legal Issues

1 Whether the defender's pleas of forum non conveniens and lis alibi pendens should be sustained
2 Whether certain averments in the pursuers' pleadings should be excluded from probation

Ratio Decidendi

Court Disposition

Defender's second plea-in-law (forum non conveniens) repelled; first plea-in-law (lis alibi pendens) repelled of concession; third plea-in-law sustained to the extent of excluding specified averments from probation; case to be put out By Order for further discussion.

Orders

Repel defender's second plea-in-law (forum non conveniens)
Repel defender's first plea-in-law (lis alibi pendens) of concession