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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Burnside Kemp Fraser & Ors v Murphy Or Young & Ors [1999] ScotCS 211 (31 August 1999)
URL: http://www.bailii.org/scot/cases/ScotCS/1999/211.html
Cite as: [1999] ScotCS 211
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OUTER HOUSE, COURT OF SESSION
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CA152/14/97
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OPINION OF LORD HAMILTON
in the cause
BURNSIDE KEMP FRASER AND OTHERS
Pursuers;
against
(FIRST) MRS MARTHA SARAH MURPHY OR YOUNG AND OTHERS
Defenders:
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Pursuers: Smith, Q.C.; Balfour & Manson
Defenders: Davidson, Q.C., Anderson Strathern, W.S.
31 August 1999
In this action the first defender is the widow of one of the men killed in the disaster of 14 March 1992. She is sued as an individual and as the guardian of their children. The second and third defenders are other adult relatives of the deceased. The circumstances of this case are identical with those in Burnside Kemp Fraser v Roe. I refer to my Opinions in that case and in Burnside Kemp Fraser v Robb.
In these circumstances I shall repel the defenders' second plea-in-law (forum non conveniens) and, of concession, their first plea-in-law (lis alibi pendens). I shall 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.