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Civil procedure – Third party contribution – Relevancy and specification of averments. Court of Session: Allowing a reclaiming motion in an action in which solicitors, having admitted liability for an error in a rent review clause in a lease and paid a substantial sum to settle the pursuer's claim, sought a contribution from the third party (surveyors), the court held that the defender had pled sufficient relevant and specific averments against the third party that a proof before answer should be allowed and recalled the Lord Ordinary's interlocutor dismissing the action.
Civil procedure – Third party contribution – Relevancy and specification of averments. Court of Session: Allowing a reclaiming motion in an action in which solicitors, having admitted liability for an error in a rent review clause in a lease and paid a substantial sum to settle the pursuer's claim, sought a contribution from the third party (surveyors), the court held that the defender had pled sufficient relevant and specific averments against the third party that a proof before answer should be allowed and recalled the Lord Ordinary's interlocutor dismissing the action.
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