RWilson v. Dunbar Bank Plc [2006] ScotCS CSOH_105 (11 July 2006)

RWilson v. Dunbar Bank Plc [2006] ScotCS CSOH_105 (11 July 2006)

The defenders failed to implement the aggressive and coordinated marketing campaign recommended by their own surveyors, including insufficient press advertising, failure to advertise in the ESPC, and lack of evidence of a direct mailing exercise. The offers received were not the result of proper marketing but rather direct contact by the defenders. The defenders were in breach of their statutory duty under Section 25 of the Conveyancing and Feudal Reform (Scotland) Act 1970 to take reasonable steps to obtain the best price reasonably obtainable. However, the pursuer failed to prove that the breach caused him loss, as there was insufficient evidence that a higher price would have been...

Citation
[2006] ScotCS CSOH_105
Parties
Pursuer: Ronald Evan Wilson; Defenders: Dunbar Bank Plc
Jurisdiction
Scotland
Judgment Date
11 July 2006
Procedural Posture
Civil / Judgment After Proof Before Answer
Outcome
Pursuer's claim dismissed; defenders' counterclaim upheld.
Legal Topics
Heritable Security, Repossession, Duty of Care in Sale of Secured Property, Section 25 Conveyancing and Feudal Reform (scotland) Act 1970, Marketing of Repossessed Property, Breach of Statutory Duty
Property Law Banking Law Heritable Security Repossession Duty of Care in Sale of Secured Property Section 25 Conveyancing and Feudal Reform (scotland) Act 1970 Marketing of Repossessed Property Breach of Statutory Duty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Ronald Evan Wilson

Pursuer

Dunbar Bank Plc

Defenders

Procedural Posture

Civil / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the defenders (Dunbar Bank Plc) breached their statutory duty under Section 25 of the Conveyancing and Feudal Reform (Scotland) Act 1970 in the marketing and sale of the repossessed property (the Harriers) after taking possession.
  2. 2 Whether the defenders are entitled to recover the outstanding sum claimed in their counterclaim.

Ratio Decidendi

The defenders failed to implement the aggressive and coordinated marketing campaign recommended by their own surveyors, including insufficient press advertising, failure to advertise in the ESPC, and lack of evidence of a direct mailing exercise. The offers received were not the result of proper marketing but rather direct contact by the defenders. The defenders were in breach of their statutory duty under Section 25 of the Conveyancing and Feudal Reform (Scotland) Act 1970 to take reasonable steps to obtain the best price reasonably obtainable. However, the pursuer failed to prove that the breach caused him loss, as there was insufficient evidence that a higher price would have been...

Court Disposition

Pursuer's claim dismissed; defenders' counterclaim upheld.

Orders

  • Decree of absolvitor granted in favour of the defenders in respect of the principal action.
  • Decree granted in favour of the defenders for the sum of £8,172.44 with interest as craved.