Realstone Limited v. Messrs J & E Shepherd & Others [2008] CSOH 31

Procedure Roll - Relevancy of Pleadings:- This was an action by a developer against chartered surveyors arising out of alleged professional negligence in the preparation of a plan of a plot of ground. The defenders challenged the relevancy of the pursuers' pleadings at debate and sought to have the action dismissed. The pursuers sought to have the defenders' plea to the relevancy repelled. It was submitted on behalf of the defenders that the pursuers had not pleaded a relevant case that the defenders owed them a common law duty of care to avoid financial loss. Counsel on behalf of the pursuers invited the court to repel the defenders' plea-in-law to the relevancy and to allow a proof on the basis that the court could conclude that a duty of care arose in the averred circumstances. Here the court considered whether the action should be dismissed on the relevancy of the pleadings, in particular, whether, even if the pursuers were to prove their record in all material points, the action would nonetheless be bound to fail.