Santander UK Plc v. Gallagher [2011] ScotSC 31 (26 July 2011)

Santander UK Plc v. Gallagher [2011] ScotSC 31 (26 July 2011)

Service of a calling up notice by depositing it in the debtor's letterbox does not satisfy the statutory requirement of 'delivery to the person' under section 19(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970. Personal service is required unless another statutory mode is used. As the calling up notice was not competently served, the application is incompetent and must be dismissed.

Citation
[2011] ScotSC 31
Parties
Pursuer: Santander UK Plc; Defender: David Gallagher otherwise David Gallacher
Jurisdiction
Scotland
Judgment Date
26 July 2011
Procedural Posture
Summary Application / Judgment on Application for Orders Under Section 24 of the Conveyancing and Feudal Reform (scotland) Act 1970 and Section 5 of the Heritable Securities (scotland) Act 1894
Outcome
Application dismissed as incompetent due to improper service of the calling up notice.
Legal Topics
Service of Legal Documents, Enforcement of Standard Securities, Interpretation of Statutory Service Requirements
Property Law Civil Procedure Service of Legal Documents Enforcement of Standard Securities Interpretation of Statutory Service Requirements

Case Brief

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Parties

Santander UK Plc

Pursuer

David Gallagher otherwise David Gallacher

Defender

Procedural Posture

Summary Application / Judgment on Application for Orders Under Section 24 of the Conveyancing and Feudal Reform (scotland) Act 1970 and Section 5 of the Heritable Securities (scotland) Act 1894

Legal Issues

  1. 1 Whether service of a calling up notice by depositing it in the debtor's letterbox satisfies the requirement of 'delivery to the person' under section 19(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970
  2. 2 Whether the application is competent if the calling up notice was not served in accordance with statutory requirements

Ratio Decidendi

Service of a calling up notice by depositing it in the debtor's letterbox does not satisfy the statutory requirement of 'delivery to the person' under section 19(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970. Personal service is required unless another statutory mode is used. As the calling up notice was not competently served, the application is incompetent and must be dismissed.

Court Disposition

Application dismissed as incompetent due to improper service of the calling up notice.

Orders

  • Application dismissed
  • No expenses due to or by either party