Soofi v Dykes [2017] ScotCS CSOH_2 (06 January 2017)

Soofi v Dykes [2017] ScotCS CSOH_2 (06 January 2017)

The pursuer's pleadings set out sufficient facts and circumstances to give fair notice of the case to the defender, including the alleged inaccuracy of financial information and the mode of proof by inference. The defender will not be taken by surprise at proof.

Citation
[2017] ScotCS CSOH_2
Parties
Pursuer: Sajjad Soofi; Defender: Jeffrey Martin Dykes
Jurisdiction
Scotland
Judgment Date
06 January 2017
Procedural Posture
Civil Action for Professional Negligence / Debate on Fair Notice in Pleadings
Outcome
defender's motion for dismissal refused
Legal Topics
Solicitor's Duty of Care, Warranties in Business Sale, Pleadings Specification, Fair Notice
Professional Negligence Contract Law Solicitor's Duty of Care Warranties in Business Sale Pleadings Specification Fair Notice

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Parties

Sajjad Soofi

Pursuer

Jeffrey Martin Dykes

Defender

Procedural Posture

Civil Action for Professional Negligence / Debate on Fair Notice in Pleadings

Legal Issues

  1. 1 Whether the pursuer's pleadings give fair notice to the defender regarding alleged inaccuracy of financial information and loss
  2. 2 Whether the defender was negligent in failing to advise on or secure a warranty for financial information accuracy

Ratio Decidendi

The pursuer's pleadings set out sufficient facts and circumstances to give fair notice of the case to the defender, including the alleged inaccuracy of financial information and the mode of proof by inference. The defender will not be taken by surprise at proof.

Court Disposition

defender's motion for dismissal refused

Orders

  • case remitted to proof at a date to be fixed