NORTHERN ROCK (ASSET MANAGEMENT) PLC v. DAVID GEORGE YOUNGSON [2012] ScotSC 92 (25 September 2012)

NORTHERN ROCK (ASSET MANAGEMENT) PLC v. DAVID GEORGE YOUNGSON [2012] ScotSC 92 (25 September 2012)

Although the absence of an averment of reasonableness in the pleadings is not ideal, decree may be granted in absence where the defender has been given sufficient notice of the issue and has chosen not to defend, and the court is addressed on the question of reasonableness.

Citation
[2012] ScotSC 92
Parties
Pursuer: NRAM otherwise known as NORTHERN ROCK (ASSET MANAGEMENT) PLC and previously known as NORTHERN ROCK PLC; Defender: David George Youngson
Jurisdiction
Scotland
Judgment Date
25 September 2012
Procedural Posture
Summary Application Under Section 24 of the Conveyancing and Feudal Reform (scotland) Act 1970 and Section 5 of the Heritable Securities (scotland) Act 1894 / Decree Granted in Absence; Continued for Hearing on Expenses
Outcome
Decree granted as craved in absence; cause continued for hearing on expenses.
Legal Topics
Heritable Securities, Repossession, Summary Application, Reasonableness Requirement, Pleadings
Property Law Civil Procedure Heritable Securities Repossession Summary Application Reasonableness Requirement Pleadings

Case Brief

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Parties

NRAM otherwise known as NORTHERN ROCK (ASSET MANAGEMENT) PLC and previously known as NORTHERN ROCK PLC

Pursuer

David George Youngson

Defender

Procedural Posture

Summary Application Under Section 24 of the Conveyancing and Feudal Reform (scotland) Act 1970 and Section 5 of the Heritable Securities (scotland) Act 1894 / Decree Granted in Absence; Continued for Hearing on Expenses

Legal Issues

  1. 1 Whether an averment of reasonableness is required in the pleadings for an application under section 24 of the 1970 Act
  2. 2 Whether the absence of such an averment renders the application incompetent

Ratio Decidendi

Although the absence of an averment of reasonableness in the pleadings is not ideal, decree may be granted in absence where the defender has been given sufficient notice of the issue and has chosen not to defend, and the court is addressed on the question of reasonableness.

Court Disposition

Decree granted as craved in absence; cause continued for hearing on expenses.

Orders

  • Decree as craved granted to pursuers
  • Cause continued to October 2012 for hearing on expenses