SHANLEY, JAMES MICHAEL SHANLEY AGAINST CLYDESDALE BANK PLC [2019] ScotCS CSOH_75 (04 October 2019)

SHANLEY, JAMES MICHAEL SHANLEY AGAINST CLYDESDALE BANK PLC [2019] ScotCS CSOH_75 (04 October 2019)

No advisory relationship existed between pursuer and defender at the material time; contractual basis and non-reliance clauses were effective to bar contract and delict claims; although aspects of the facility letter breached MCOB, pursuer failed to prove causation—that he would have acted differently absent breach; pursuer's evidence was unreliable and not supported by contemporaneous documentation.

Citation
[2019] ScotCS CSOH_75
Parties
Pursuer: James Michael Shanley; Defender: Clydesdale Bank PLC
Jurisdiction
Scotland
Judgment Date
04 October 2019
Procedural Posture
Commercial Action / Preliminary Proof on Liability and Causation
Outcome
Action dismissed
Legal Topics
Bridging Loan, Advisory Relationship, MCOB Compliance, Unfair Contract Terms, Causation
Contract Law Banking Law Consumer Protection Bridging Loan Advisory Relationship MCOB Compliance Unfair Contract Terms Causation

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Parties

James Michael Shanley

Pursuer

Clydesdale Bank PLC

Defender

Procedural Posture

Commercial Action / Preliminary Proof on Liability and Causation

Legal Issues

  1. 1 Whether an advisory relationship existed between pursuer and defender
  2. 2 Whether the facility letter breached MCOB requirements
  3. 3 Whether breaches of MCOB caused actionable loss

Ratio Decidendi

No advisory relationship existed between pursuer and defender at the material time; contractual basis and non-reliance clauses were effective to bar contract and delict claims; although aspects of the facility letter breached MCOB, pursuer failed to prove causation—that he would have acted differently absent breach; pursuer's evidence was unreliable and not supported by contemporaneous documentation.

Court Disposition

Action dismissed

Orders

  • No damages awarded
  • No finding of liability against defender