[2020] Sc Gla 27 Ca30/19 Judgment of Sheriff S. Reid
SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW [2020] SC GLA 27 CA30/19 JUDGMENT OF SHERIFF S. REID, ESQ in the cause WPH DEVELOPMENTS LIMITED Pursuer against YOUNG & GAULT LLP (IN LIQUIDATION) Defender Act: Mr D Johnston QC; instructed by Mitchells Robertson, Glasgow Alt: Mr S. Manson, Advocate; instructed by DWF, Glasgow Glasgow, 8 April 2020 The sheriff, having resumed consideration of the cause: 1. Repels, in part, the defender’s pleas-in-law numbers 2 & 3 so far as directed at the relevancy of the pursuer’s averments anent prescription; quoad ultra Reserves the defender’s said preliminary pleas; 2. Sustains, in part, the pursuer’s plea-in-law number 5 so far as directed at the relevancy of the defender’s averments anent prescription whereby, Excludes from probation the defender’s averments in Answer 3 from (and including) the words “more particularly…” (on page 5, line 23 of the Record number 16 of process) to the end of the said Answer; quoad ultra Reserves the pursuer’s said preliminary plea; thereafter, 3. Allows parties a proof before answer of their respective remaining averments, reserving, so far as extant, the parties’ preliminary pleas (namely, the defender’s 2 pleas-in-law numbers 2 & 3 and the pursuer’s pleas-in-law numbers 4 & 5), on dates to be hereafter assigned; 4. meantime, Reserves the issue of the expenses of the diet of debate and preparation therefor. NOTE: Summary [1] A patient suffers an internal injury at the hands of a negligent surgeon in the course of a botched operation.
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