Freely Available British and Irish Public Legal Information
[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 Watson [1999] ScotCS 204 (31 August 1999)
URL: http://www.bailii.org/scot/cases/ScotCS/1999/204.html
Cite as: [1999] ScotCS 204
[New search] [Help]
|
OUTER HOUSE, COURT OF SESSION
|
|
|
CA161/14/97
|
OPINION OF LORD HAMILTON
in the cause
BURNSIDE KEMP FRASER AND OTHERS
Pursuers;
against
GEORGE WATSON
Defender:
________________
|
Pursuers: Smith, Q.C.; Balfour & Manson
Defender: Summers; Drummond Miller, W.S.
31 August 1999
The defender is a survivor of the disaster of 14 March 1992. Insofar as concerns the relevancy of the pursuers' pleadings on the merits, the circumstances of this case are identical with those in Burnside Kemp Fraser v Roe. Although the formulation of the defender's pleadings relative to the plea of forum non conveniens in this action (one of the Drummond Miller actions) differs from that of the defenders 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.
For the reasons given in that Opinion and in my Opinion in Burnside Kemp Fraser v Roe I shall repel the defender's fifth plea-in-law (forum non conveniens) and sustain his eighth 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.