Simmers (Respondent) v Innes (Appellant) (Scotland), (2008)

Extract

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Simmers (Respondent) v Innes (Appellant) (Scotland), (2008)

HOUSE OF LORDS

SESSION 2007-08

[2008] UKHL 24

on appeal from: [2007] CSIH 12

OPINIONS

OF THE LORDS OF APPEAL

FOR JUDGMENT IN THE CAUSE

Simmers (Respondent) v Innes (Appellant) (Scotland)

Appellate Committee

Lord Hope of Craighead

Lord Scott of Foscote

Lord Rodger of Earlsferry

Lord Walker of Gestingthorpe

Lord Neuberger of Abbotsbury

Counsel

Appellants:

Christopher Haddow QC

Nick Gardiner

(Instructed by Brodies LLP )

Respondents:

Jonathan Mitchell QC

Michael Stuart

(Instructed by Maclay Murray & Spens LLP)

Hearing date:

10 MARCH 2008

ON

WEDNESDAY 16 APRIL 2008

HOUSE OF LORDS

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

Simmers (Respondent) v Innes (Respondent) (Scotland)

[2008] UKHL 24

LORD HOPE OF CRAIGHEAD

My Lords,

1.  I have had the advantage of reading in draft the speech of my noble and learned friend Lord Neuberger of Abbotsbury. Like him, I can find no merit in any of the grounds on which the decision of the Extra Division was challenged. I would dismiss the appeal.

LORD SCOTT OF FOSCOTE

My Lords,

2.  I have had the opportunity of reading a draft of the opinion on this appeal prepared by my noble and learned friend Lord Neuberger of Abbotsbu...

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