Henderson v Royal Bank Of Scotland Plc [2006] ScotCS CSOH_164 (18 October 2006)

Henderson v Royal Bank Of Scotland Plc [2006] ScotCS CSOH_164 (18 October 2006)

The pursuers' pleadings failed to disclose a relevant and sufficiently specific case of loss, causation, or duty, rendering the entire action irrelevant. The defects in the pleadings were fundamental and not curable by further amendment at this stage. The case was dismissed.

Citation
[2006] ScotCS CSOH_164
Parties
Pursuer: Nigel Henderson; Pursuer: Norma Henderson; Defender: Royal Bank of Scotland plc
Jurisdiction
Scotland
Judgment Date
18 October 2006
Procedural Posture
Civil / Debate on Relevancy and Specification of Pleadings
Outcome
Action dismissed
Legal Topics
Negligent Misrepresentation, Breach of Contract, Damages, Banking Practice, Implied Terms
Contract Law Delict (tort) Banking Law Negligent Misrepresentation Breach of Contract Damages Banking Practice Implied Terms

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Parties

Nigel Henderson

Pursuer

Norma Henderson

Pursuer

Royal Bank of Scotland plc

Defender

Procedural Posture

Civil / Debate on Relevancy and Specification of Pleadings

Legal Issues

  1. 1 Whether the pursuers' pleadings disclosed a relevant and sufficiently specific case of loss arising from alleged negligent misrepresentation and/or breach of contract by the defenders.
  2. 2 Whether the defenders owed the alleged contractual or delictual duties to the pursuers in the circumstances averred.
  3. 3 Whether the pursuers' averments established causation and foreseeability of loss.

Ratio Decidendi

The pursuers' pleadings failed to disclose a relevant and sufficiently specific case of loss, causation, or duty, rendering the entire action irrelevant. The defects in the pleadings were fundamental and not curable by further amendment at this stage. The case was dismissed.

Court Disposition

Action dismissed

Orders

  • Interlocutor pronounced dismissing the action.