Clydesdale Bank Plc v. Mccaw [XA110_01.html] ScotCS 1 [2002] ScotCS 148 (24th May, 2002)

Clydesdale Bank Plc v. Mccaw [XA110_01.html] ScotCS 1 [2002] ScotCS 148 (24th May, 2002)

The defender's complaints about the sequestration and related matters do not constitute a defence to the enforcement of the standard security. The requirements of section 19(3) were satisfied as the trustee had waived her right to notice and declined to intervene. The pursuers are entitled to enforce the security for the sum due.

Citation
[2002] ScotCS 148
Parties
Pursuers and Respondents: Clydesdale Bank Plc; Defender and Appellant: Margaret McCaw
Jurisdiction
Scotland
Procedural Posture
Appeal / Appeal From Sheriff Principal to Inner House, Court of Session
Outcome
Appeal refused
Legal Topics
Enforcement of Standard Security, Sequestration, Summary Decree, Notice to Trustee, Defences to Enforcement Action
Property Law Bankruptcy Law Civil Procedure Enforcement of Standard Security Sequestration Summary Decree Notice to Trustee Defences to Enforcement Action

Case Brief

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Parties

Clydesdale Bank Plc

Pursuers and Respondents

Margaret McCaw

Defender and Appellant

Procedural Posture

Appeal / Appeal From Sheriff Principal to Inner House, Court of Session

Legal Issues

  1. 1 Whether the defender has a stateable defence to enforcement of the standard security
  2. 2 Whether notice to the trustee in sequestration was required and/or properly waived under section 19(3) of the Conveyancing and Feudal Reform (Scotland) Act 1970

Ratio Decidendi

The defender's complaints about the sequestration and related matters do not constitute a defence to the enforcement of the standard security. The requirements of section 19(3) were satisfied as the trustee had waived her right to notice and declined to intervene. The pursuers are entitled to enforce the security for the sum due.

Court Disposition

Appeal refused

Orders

  • Summary decree in favour of the pursuers stands
  • No further procedure required regarding notice to trustee