BANK OF SCOTLAND v. WILLIAM JOHN STEVENSON [2012] ScotSC 67 (01 June 2012)

BANK OF SCOTLAND v. WILLIAM JOHN STEVENSON [2012] ScotSC 67 (01 June 2012)

Section 19(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970 does not contain exhaustive provisions for service of a calling up notice; service by sheriff officer in accordance with the Ordinary Cause Rules is competent; the calling up notice was validly served on the defender; the proceedings are not incompetent.

Citation
[2012] ScotSC 67
Parties
Pursuer: Bank of Scotland PLC; Defender: Mr William John Stevenson, trading as Cargen Construction
Jurisdiction
Scotland
Judgment Date
01 June 2012
Procedural Posture
Ordinary Cause / Interlocutory Motion to Dismiss for Incompetency Based on Alleged Invalid Service of Calling Up Notice
Outcome
Defender's motion to dismiss refused; proceedings to continue.
Legal Topics
Service of Process, Repossession, Standard Security, Statutory Interpretation, Sheriff Court Procedure
Civil Procedure Property Law Banking Law Service of Process Repossession Standard Security Statutory Interpretation Sheriff Court Procedure

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 34 Party arguments 2
Sign in to unlock

Parties

Bank of Scotland PLC

Pursuer

Mr William John Stevenson, trading as Cargen Construction

Defender

Procedural Posture

Ordinary Cause / Interlocutory Motion to Dismiss for Incompetency Based on Alleged Invalid Service of Calling Up Notice

Legal Issues

  1. 1 Whether section 19(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970 prescribes exhaustive methods for service of a calling up notice
  2. 2 Whether service by sheriff officer under Ordinary Cause Rules is competent for a calling up notice
  3. 3 Whether failure to serve in terms of section 19(6) renders proceedings incompetent

Ratio Decidendi

Section 19(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970 does not contain exhaustive provisions for service of a calling up notice; service by sheriff officer in accordance with the Ordinary Cause Rules is competent; the calling up notice was validly served on the defender; the proceedings are not incompetent.

Court Disposition

Defender's motion to dismiss refused; proceedings to continue.

Orders

  • Refuses Defender's motion 7/3 to dismiss the action as incompetent.
  • Appoints parties to be heard on expenses and fixing a new date for debate.