McLetchie v Lombard North Central Plc [2006] ScotCS CSOH_90 (09 June 2006)

McLetchie v Lombard North Central Plc [2006] ScotCS CSOH_90 (09 June 2006)

The pursuer failed to consign caution for expenses as ordered and did not establish a prima facie case for reduction. The procedural history and lack of compliance justified granting absolvitor to the defenders and refusing leave to reclaim late.

Citation
[2006] ScotCS CSOH_90
Parties
Pursuer and Reclaimer: Michael McLetchie; Defenders and Respondents: Lombard North Central Plc
Jurisdiction
Scotland
Judgment Date
09 June 2006
Procedural Posture
Civil Reduction and Suspension / Interlocutory Motions and Final Disposition at Outer House
Outcome
Defenders granted absolvitor; pursuer's action dismissed; leave to reclaim late refused.
Legal Topics
Reduction of Decree, Caution for Expenses, Summary Decree, Personal Liability Vs Trust Liability, Sequestration
Civil Procedure Contract Law Bankruptcy Reduction of Decree Caution for Expenses Summary Decree Personal Liability Vs Trust Liability Sequestration

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Parties

Michael McLetchie

Pursuer and Reclaimer

Lombard North Central Plc

Defenders and Respondents

Procedural Posture

Civil Reduction and Suspension / Interlocutory Motions and Final Disposition at Outer House

Legal Issues

  1. 1 Whether the pursuer was personally liable for the debt or if it was owed by the Miclora Trust
  2. 2 Whether the pursuer had a prima facie case for reduction of the sheriff court decree
  3. 3 Whether the pursuer should be allowed to proceed without finding caution for expenses

Ratio Decidendi

The pursuer failed to consign caution for expenses as ordered and did not establish a prima facie case for reduction. The procedural history and lack of compliance justified granting absolvitor to the defenders and refusing leave to reclaim late.

Court Disposition

Defenders granted absolvitor; pursuer's action dismissed; leave to reclaim late refused.

Orders

  • Absolvitor granted to defenders for failure to consign caution.
  • Pursuer refused leave to reclaim against interlocutor of 22 November 2005.