BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Burnside Kemp Fraser & Ors v Derrick, Known As Innes, & Others [1999] ScotCS 213 (31 August 1999)
URL: http://www.bailii.org/scot/cases/ScotCS/1999/213.html
Cite as: [1999] ScotCS 213

[New search] [Help]


OUTER HOUSE, COURT OF SESSION

 

CA157/14/97

 

 

 

 

 

 

 

 

 

 

 

OPINION OF LORD HAMILTON

 

in the cause

 

BURNSIDE KEMP FRASER AND OTHERS

 

Pursuers;

 

against

 

(FIRST) MRS SHONA DERRICK, KNOWN AS INNES, AND OTHERS

 

Defenders:

 

 

________________

 

Pursuers: Smith, Q.C.; Balfour & Manson

Defenders: McLean; John G Gray & Co, SSC

 

31 August 1999

 

The first defender was the partner of one of the men killed in the disaster of 14 March 1992. She is sued as an individual and as guardian of their children. The other defenders are other relatives of the deceased. Insofar as concerns the relevancy of the pursuers' averments on the merits of the action, the circumstances are the same as those in Burnside Kemp Fraser v Parker. Although the formulation of the defenders' pleadings in relation to the plea of forum non conveniens in this action (a John G Gray action) differs from that in Burnside Kemp Fraser v Robb, the discussion of that plea as it applies in all the actions has been dealt with in that Opinion.

Accordingly for the reasons given in that Opinion and in the Opinion in Burnside Kemp Fraser v Parker I shall repel the defenders' second plea-in-law and sustain their third plea-in-law to the extent of excluding from probation the pursuers' averments in article 4 of the condescendence from "All of the Solicitors" to "enter into the foregoing agreement". The case will be put out By Order for discussion of the matters referred to in the final paragraph of my Opinion in Burnside Kemp Fraser v Robb.

 


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1999/213.html