Webb Resolutions Ltd v. Glen & Anor [2009] ScotSC 29 (09 November 2009)

Webb Resolutions Ltd v. Glen & Anor [2009] ScotSC 29 (09 November 2009)

The sheriff was entitled to refuse the reponing note as the appellants failed to provide a reasonable explanation for their non-appearance and did not present a stateable defence or concrete proposal to resolve the indebtedness. The proposed Mortgage to Rent Scheme was inadequate as it would not clear the debts and required consents that were not obtained. The sheriff's exercise of discretion was proper in the circumstances.

Citation
[2009] ScotSC 29
Parties
Pursuer and Respondent: Webb Resolutions Limited; Defender and Appellant: Derek Robert Glen; Defender and Appellant: Miss Suzanne Elizabeth McIntosh
Jurisdiction
Scotland
Judgment Date
09 November 2009
Procedural Posture
Appeal (sheriff Court) / Appeal Against Refusal of Reponing Note
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Repossession, Standard Security, Reponing Note, Mortgage Rights (scotland) Act 2001, Discretion of Sheriff
Property Law Civil Procedure Repossession Standard Security Reponing Note Mortgage Rights (scotland) Act 2001 Discretion of Sheriff

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Webb Resolutions Limited

Pursuer and Respondent

Derek Robert Glen

Defender and Appellant

Miss Suzanne Elizabeth McIntosh

Defender and Appellant

Procedural Posture

Appeal (sheriff Court) / Appeal Against Refusal of Reponing Note

Legal Issues

  1. 1 Whether the sheriff erred in refusing the reponing note by the appellants in a repossession action under the Conveyancing and Feudal Reform (Scotland) Act 1970
  2. 2 Whether the appellants provided a stateable defence and adequate explanation for their failure to appear
  3. 3 Whether the sheriff properly exercised discretion under Rule 8.1 of the Sheriff Court Rules

Ratio Decidendi

The sheriff was entitled to refuse the reponing note as the appellants failed to provide a reasonable explanation for their non-appearance and did not present a stateable defence or concrete proposal to resolve the indebtedness. The proposed Mortgage to Rent Scheme was inadequate as it would not clear the debts and required consents that were not obtained. The sheriff's exercise of discretion was proper in the circumstances.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Refusal of appeal against refusal of reponing note
  • Appellants found liable to respondents in expenses of the appeal