STEWART McLEOD AGAINST BANK OF SCOTLAND PLC [2021] ScotCS CSOH_76 (23 July 2021)
Pursuer failed to set out any relevant defence to the merits of the sheriff court decree, provided no reasonable explanation for not entering proceedings, and no circumstances justify reduction; allegations of fraud irrelevant; procedural requirements complied with; undertaking from previous proceedings no longer effective.
- Citation
- [2021] ScotCS CSOH_76
- Parties
- Pursuer: Stewart McLeod; Defender: Bank of Scotland plc
- Jurisdiction
- Scotland
- Judgment Date
- 23 July 2021
- Procedural Posture
- Civil Reduction and Interdict / Procedure Roll Hearing; Judgment
- Outcome
- Action dismissed
- Legal Topics
- Reduction of Decree, Standard Security, Fraud Allegations, Interdict, Mortgage Enforcement
Case Brief
Summary, issues, holding and outcome
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Parties
Stewart McLeod
Pursuer
Bank of Scotland plc
Defender
Procedural Posture
Civil Reduction and Interdict / Procedure Roll Hearing; Judgment
Legal Issues
- 1 Whether decree in absence should be reduced
- 2 Whether interdict should be granted against enforcement of decree
- 3 Whether Bank of Scotland plc had title to enforce standard security
Ratio Decidendi
Pursuer failed to set out any relevant defence to the merits of the sheriff court decree, provided no reasonable explanation for not entering proceedings, and no circumstances justify reduction; allegations of fraud irrelevant; procedural requirements complied with; undertaking from previous proceedings no longer effective.
Court Disposition
Action dismissed
Orders
- Defenders' first plea-in-law upheld
- Action for reduction and interdict dismissed
Full Case Text
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