Royal Bank Of Scotland Plc v. Carlyle [2010] ScotCS CSOH_108 (06 August 2010)

Royal Bank Of Scotland Plc v. Carlyle [2010] ScotCS CSOH_108 (06 August 2010)

The Bank had given an unequivocal and unconditional commitment to advance the funding, and it was not open to the Bank to amend its pleadings to introduce conditions inconsistent with that finding.

Citation
[2010] ScotCS CSOH_108
Parties
Pursuer: Royal Bank of Scotland Plc; Defender: William Derek Carlyle
Jurisdiction
Scotland
Judgment Date
06 August 2010
Procedural Posture
Commercial Action / Post Trial, by Order Hearing on Amendment and Interlocutor
Outcome
Refusal of pursuers' Minute of Amendment; decree of declarator on liability granted in favour of defender; questions of causation and loss left open; pursuers marked a reclaiming motion.
Legal Topics
Collateral Warranty, Unilateral Promise, Bilateral Agreement, Amendment of Pleadings
Contract Law Banking Law Collateral Warranty Unilateral Promise Bilateral Agreement Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Royal Bank of Scotland Plc

Pursuer

William Derek Carlyle

Defender

Procedural Posture

Commercial Action / Post Trial, by Order Hearing on Amendment and Interlocutor

Legal Issues

  1. 1 Whether the pursuers (the Bank) could amend pleadings to introduce implied conditions to their funding commitment
  2. 2 Whether the Bank's commitment was conditional or unconditional

Ratio Decidendi

The Bank had given an unequivocal and unconditional commitment to advance the funding, and it was not open to the Bank to amend its pleadings to introduce conditions inconsistent with that finding.

Court Disposition

Refusal of pursuers' Minute of Amendment; decree of declarator on liability granted in favour of defender; questions of causation and loss left open; pursuers marked a reclaiming motion.

Orders

  • Refusal of pursuers' Minute of Amendment
  • Decree of declarator on liability in favour of defender