Davidson v. Clydesdale Bank Plc [2002] ScotCS 99 (9th April, 2002)

Davidson v. Clydesdale Bank Plc [2002] ScotCS 99 (9th April, 2002)

The pursuer failed to establish that any greater sum would have been realised for the estate had the mineral deposits been marketed differently; thus, no loss was suffered and the pursuer had no interest to sue. The shortcomings of the selling agents did not cause any practical loss to the bankrupt estate.

Citation
[2002] ScotCS 99
Parties
Pursuer: George Davidson (A. P.); Defenders: Clydesdale Bank Plc
Jurisdiction
Scotland
Procedural Posture
Civil Reparation / Judgment After Proof
Outcome
Decree of absolvitor granted in favour of the defenders.
Legal Topics
Standard Securities, Sale of Heritable Property, Duties of Selling Agents, Valuation of Mineral Rights, Bankruptcy and Sequestration, Title and Interest to Sue
Property Law Bankruptcy Law Professional Negligence Standard Securities Sale of Heritable Property Duties of Selling Agents Valuation of Mineral Rights Bankruptcy and Sequestration +1 more

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Parties

George Davidson (A. P.)

Pursuer

Clydesdale Bank Plc

Defenders

Procedural Posture

Civil Reparation / Judgment After Proof

Legal Issues

  1. 1 Whether the selling agents (Hall) breached their statutory duty under section 25 of the Conveyancing and Feudal Reform (Scotland) Act 1970 by failing to take all reasonable steps to obtain the best price for the property, including mineral rights.
  2. 2 Whether the pursuer had title and interest to sue given the status of the trustee in sequestration.
  3. 3 Whether any loss was suffered by the pursuer as a result of the alleged failures in marketing and sale.

Ratio Decidendi

The pursuer failed to establish that any greater sum would have been realised for the estate had the mineral deposits been marketed differently; thus, no loss was suffered and the pursuer had no interest to sue. The shortcomings of the selling agents did not cause any practical loss to the bankrupt estate.

Court Disposition

Decree of absolvitor granted in favour of the defenders.

Orders

  • Pursuer's first plea repelled.
  • Defenders' first and sixth pleas sustained.