HSBC BANK PLC AGAINST JAMES EDWARD COLLINGE AND LEANNE MAVIS KENNEDY [2014] ScotSC 91 (05 September 2014)

HSBC BANK PLC AGAINST JAMES EDWARD COLLINGE AND LEANNE MAVIS KENNEDY [2014] ScotSC 91 (05 September 2014)

The sheriff exercised his discretion reasonably in granting the creditor's application for remedies under the standard security, as the defenders failed to provide substantiated proposals or financial information, and were not in a position to fulfil their obligations within a reasonable time. The appeal was refused as there was no basis to interfere with the sheriff's decision.

Citation
[2014] ScotSC 91
Parties
Pursuer and Respondent: HSBC Bank plc; Defender and Appellant: James Edward Collinge; Defender and Appellant: Leanne Mavis Kennedy
Jurisdiction
Scotland
Judgment Date
05 September 2014
Procedural Posture
Summary Application (repossession / Enforcement of Standard Security) / Appeal From Sheriff's Interlocutor
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Repossession, Standard Security, Mortgage Default, Personal Guarantees, Reasonableness Test, Appeal Procedure
Property Law Banking and Finance Law Civil Procedure Repossession Standard Security Mortgage Default Personal Guarantees Reasonableness Test +1 more

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Parties

HSBC Bank plc

Pursuer and Respondent

James Edward Collinge

Defender and Appellant

Leanne Mavis Kennedy

Defender and Appellant

Procedural Posture

Summary Application (repossession / Enforcement of Standard Security) / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether it was reasonable in the circumstances to grant the creditor's application for remedies under the standard security, including repossession and ejection.
  2. 2 Whether the sheriff properly exercised discretion in granting the orders sought by the creditor.

Ratio Decidendi

The sheriff exercised his discretion reasonably in granting the creditor's application for remedies under the standard security, as the defenders failed to provide substantiated proposals or financial information, and were not in a position to fulfil their obligations within a reasonable time. The appeal was refused as there was no basis to interfere with the sheriff's decision.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Defenders and appellants found liable to the pursuer and respondent in the expenses of the appeal.
  • Account of expenses to be given in and remitted to the auditor of court to tax and report.