Young v Archibald & Ors [1998] ScotCS 110 (23 December 1998)

Young v Archibald & Ors [1998] ScotCS 110 (23 December 1998)

The court found, on the balance of probabilities and based on expert evidence, that the signature on the Disposition was that of the pursuer. Even if forgery had been established, reduction would not have been granted due to the rights of the bona fide third party purchaser and the availability of damages as an alternative remedy.

Citation
[1998] ScotCS 110
Parties
Pursuer: Michael Young; Defender: Mrs Muriel Margaret Archibald (AP); First Minuter: Mrs Rehka Begum; Second Minuter: Halifax PLC
Jurisdiction
Scotland
Judgment Date
23 December 1998
Procedural Posture
Civil / Judgment After Proof
Outcome
Decree of absolvitor granted in favour of the defenders and minuters.
Legal Topics
Reduction of Disposition, Forgery, Title to Heritable Property, Bona Fide Purchaser, Delay in Seeking Remedy
Property Law Civil Procedure Reduction of Disposition Forgery Title to Heritable Property Bona Fide Purchaser Delay in Seeking Remedy

Case Brief

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Parties

Michael Young

Pursuer

Mrs Muriel Margaret Archibald (AP)

Defender

Mrs Rehka Begum

First Minuter

Halifax PLC

Second Minuter

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the signature on the Disposition was forged
  2. 2 Whether reduction of the Disposition should be granted
  3. 3 Effect of delay in seeking remedy

Ratio Decidendi

The court found, on the balance of probabilities and based on expert evidence, that the signature on the Disposition was that of the pursuer. Even if forgery had been established, reduction would not have been granted due to the rights of the bona fide third party purchaser and the availability of damages as an alternative remedy.

Court Disposition

Decree of absolvitor granted in favour of the defenders and minuters.

Orders

  • Pursuer's pleas-in-law repelled
  • Defender's second plea-in-law sustained