JOHN GORDON INNES AGAINST ROBERT DERMOTT SIMPSON [2015] ScotSC 41 (01 June 2015)

JOHN GORDON INNES AGAINST ROBERT DERMOTT SIMPSON [2015] ScotSC 41 (01 June 2015)

The pursuer failed to plead relevant and specific averments of fraudulent misrepresentation and loss; the claim was barred by prescription and lacked causal connection and specificity required by law; summary decree was properly granted and appeal dismissed.

Citation
[2015] ScotSC 41
Parties
Pursuer: John Gordon Innes; Defender: Robert Dermott Simpson
Jurisdiction
Scotland
Judgment Date
01 June 2015
Procedural Posture
Civil Appeal / Appeal Against Summary Decree
Outcome
appeal refused
Legal Topics
Prescription, Fraudulent Misrepresentation, Summary Decree, Loss and Damage, Relevancy of Pleadings
Civil Procedure Contract Law Fraud Prescription Fraudulent Misrepresentation Summary Decree Loss and Damage Relevancy of Pleadings

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Parties

John Gordon Innes

Pursuer

Robert Dermott Simpson

Defender

Procedural Posture

Civil Appeal / Appeal Against Summary Decree

Legal Issues

  1. 1 Whether the pursuer's claim is barred by prescription
  2. 2 Whether the pursuer's pleadings are relevant and specific regarding fraudulent misrepresentation
  3. 3 Whether the pursuer has pleaded a relevant case for loss and damage

Ratio Decidendi

The pursuer failed to plead relevant and specific averments of fraudulent misrepresentation and loss; the claim was barred by prescription and lacked causal connection and specificity required by law; summary decree was properly granted and appeal dismissed.

Court Disposition

appeal refused

Orders

  • Adheres to sheriff’s interlocutor dated 20 November 2014
  • Finds pursuer liable to defender in expenses of appeal