JOHN GLARE AGAINST CLYDESDALE BANK PLC [2024] ScotCS CSIH_16 (02 July 2024)

JOHN GLARE AGAINST CLYDESDALE BANK PLC [2024] ScotCS CSIH_16 (02 July 2024)

The pursuer failed to plead or establish a relevant and specific case that the alleged perjury by the defenders' witness had any causative effect on the outcome of the original action. The Lord Ordinary's decision was based on findings independent of the impugned evidence. The requirements for reduction of a decree in foro, including exceptional circumstances and a causal link between the fraud and the judgment, were not met. The principle of finality in litigation must be upheld.

Citation
[2024] ScotCS CSIH_16
Parties
Pursuer and Reclaimer: John Glare; Defenders and Respondents: Clydesdale Bank PLC
Jurisdiction
Scotland
Judgment Date
02 July 2024
Procedural Posture
Civil Appeal (reduction of Decree) / Inner House, Court of Session – Reclaiming Motion
Outcome
Reclaiming motion refused; interlocutor of the commercial judge adhered to.
Legal Topics
Reduction of Decree, Fraud on the Court, Subornation of Perjury, Finality in Litigation, Mis Selling of Financial Products
Civil Procedure Banking Law Reduction of Decree Fraud on the Court Subornation of Perjury Finality in Litigation Mis Selling of Financial Products

Case Brief

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Parties

John Glare

Pursuer and Reclaimer

Clydesdale Bank PLC

Defenders and Respondents

Procedural Posture

Civil Appeal (reduction of Decree) / Inner House, Court of Session – Reclaiming Motion

Legal Issues

  1. 1 Whether the defenders suborned perjury by their witness in the original action
  2. 2 Whether alleged perjury had a causative effect on the outcome of the original action
  3. 3 Whether exceptional circumstances exist to justify reduction of a final decree

Ratio Decidendi

The pursuer failed to plead or establish a relevant and specific case that the alleged perjury by the defenders' witness had any causative effect on the outcome of the original action. The Lord Ordinary's decision was based on findings independent of the impugned evidence. The requirements for reduction of a decree in foro, including exceptional circumstances and a causal link between the fraud and the judgment, were not met. The principle of finality in litigation must be upheld.

Court Disposition

Reclaiming motion refused; interlocutor of the commercial judge adhered to.

Orders

  • Refusal of reduction of decree of absolvitor dated 26 January 2016
  • Refusal of reduction of interlocutors refusing motions for review and permission to appeal