STEWART AGAINST UK ACORN FINANCE LIMITED [2018] ScotCS CSOH_31 (04 April 2018)

STEWART AGAINST UK ACORN FINANCE LIMITED [2018] ScotCS CSOH_31 (04 April 2018)

The pursuer failed to establish exceptional circumstances or a miscarriage of justice justifying reduction of the sheriff court decree. The sheriff was entitled to find the property was not used for residential purposes and to reject the defence of fraudulent misrepresentation, as there was no credible evidence of a binding promise or guarantee by the defender. The pursuer's failure to appeal the decree and lack of substantive new evidence precluded reduction.

Citation
[2018] ScotCS CSOH_31
Parties
Pursuer: Peter Stewart; Defender: UK Acorn Finance Limited
Jurisdiction
Scotland
Judgment Date
04 April 2018
Procedural Posture
Civil Reduction of Decree / Outer House, Court of Session Opinion After Proof Before Answer
Outcome
Action dismissed; decree of absolvitor granted in favour of the defender.
Legal Topics
Reduction of Decree in Foro, Fraudulent Misrepresentation, Residential Property Definition, Remedies Under Standard Security, Procedural Fairness
Contract Law Property Law Civil Procedure Reduction of Decree in Foro Fraudulent Misrepresentation Residential Property Definition Remedies Under Standard Security Procedural Fairness

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Parties

Peter Stewart

Pursuer

UK Acorn Finance Limited

Defender

Procedural Posture

Civil Reduction of Decree / Outer House, Court of Session Opinion After Proof Before Answer

Legal Issues

  1. 1 Whether the pursuer is entitled to reduction of the sheriff court decree and warrant of removing on grounds of deprivation of opportunity to present defences
  2. 2 Whether the defender made a binding promise to provide medium-term finance
  3. 3 Whether the property was used to any extent for residential purposes under the Conveyancing and Feudal Reform (Scotland) Act 1970

Ratio Decidendi

The pursuer failed to establish exceptional circumstances or a miscarriage of justice justifying reduction of the sheriff court decree. The sheriff was entitled to find the property was not used for residential purposes and to reject the defence of fraudulent misrepresentation, as there was no credible evidence of a binding promise or guarantee by the defender. The pursuer's failure to appeal the decree and lack of substantive new evidence precluded reduction.

Court Disposition

Action dismissed; decree of absolvitor granted in favour of the defender.

Orders

  • Pursuer's pleas in law repelled.
  • Defender's second to fifth pleas in law sustained.