Cooper v The Bank of Scotland & Anor [2014] ScotCS CSOH_16 (30 January 2014)

Cooper v The Bank of Scotland & Anor [2014] ScotCS CSOH_16 (30 January 2014)

The pursuer was induced by her husband's misrepresentation to execute the standard security, the defenders failed to act in good faith by not advising her of its consequences or recommending independent advice, and reduction is not precluded by impossibility of restitutio in integrum or equitable considerations.

Citation
[2014] ScotCS CSOH_16
Parties
Pursuer: Catherine Nimmo Cooper; First Defender: The Bank of Scotland PLC; Second Defender: Andrew Cooper
Jurisdiction
Scotland
Judgment Date
30 January 2014
Procedural Posture
Civil Reduction of Standard Security / Proof Before Answer
Outcome
Decree of reduction granted in terms of the first conclusion; defenders' pleas-in-law repelled; questions of expenses reserved.
Legal Topics
Reduction of Security, Good Faith, Misrepresentation, Cautionary Obligations, Restitutio in Integrum
Contract Law Property Law Equity Reduction of Security Good Faith Misrepresentation Cautionary Obligations Restitutio in Integrum

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Parties

Catherine Nimmo Cooper

Pursuer

The Bank of Scotland PLC

First Defender

Andrew Cooper

Second Defender

Procedural Posture

Civil Reduction of Standard Security / Proof Before Answer

Legal Issues

  1. 1 Whether the pursuer's execution of the standard security was induced by misrepresentation
  2. 2 Whether the defenders acted in bad faith by failing to advise the pursuer
  3. 3 Whether reduction should be granted given the impossibility of restitutio in integrum

Ratio Decidendi

The pursuer was induced by her husband's misrepresentation to execute the standard security, the defenders failed to act in good faith by not advising her of its consequences or recommending independent advice, and reduction is not precluded by impossibility of restitutio in integrum or equitable considerations.

Court Disposition

Decree of reduction granted in terms of the first conclusion; defenders' pleas-in-law repelled; questions of expenses reserved.

Orders

  • Reduction of the standard security granted by the pursuer in favour of the Bank of Scotland PLC over her one half pro indiviso share of the dwellinghouse in Mauchline, Ayrshire.