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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Burnside Kemp Fraser & Ors v Innes [1999] ScotCS 203 (31 August 1999)
URL: http://www.bailii.org/scot/cases/ScotCS/1999/203.html
Cite as: [1999] ScotCS 203
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OUTER HOUSE, COURT OF SESSION
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CA154/14/97
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OPINION OF LORD HAMILTON
in the cause
BURNSIDE KEMP FRASER AND OTHERS
Pursuers;
against
GAVIN INNES
Defender:
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Pursuers: Smith, Q.C.; Balfour & Manson
Defender: Summers; Drummond Miller, W.S.
31 August 1999
The defender is one of the survivors of the disaster of 14 March 1992. The circumstances of this case are substantially the same as those of the case directed by the pursuers against Mr Andrew Innes, the brother of the present defender. For the reasons expressed in my Opinions in Burnside Kemp Fraser v Andrew Innes and Burnside Kemp Fraser v Robb I shall repel the defender's fifth plea-in-law and sustain his seventh 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.