Bisset & Anor v Standard Property Investment Plc [1999] ScotCS 167 (8 July 1999)

Bisset & Anor v Standard Property Investment Plc [1999] ScotCS 167 (8 July 1999)

The statutory duty under section 25 remains with the creditor throughout; appointment of competent agents does not discharge the duty. The pursuers' averments, though broadly expressed, are sufficiently specific and relevant for inquiry except those relating to the obligation to realise collateral security, which are excluded as irrelevant.

Citation
[1999] ScotCS 167
Parties
Pursuers: Stuart Balfour Bisset and another; Defenders: Standard Property Investment Plc
Jurisdiction
Scotland
Judgment Date
08 July 1999
Procedural Posture
Civil / Debate on Relevancy and Specification of Pleadings
Outcome
Proof before answer allowed, except specified averments excluded from probation
Legal Topics
Statutory Duty of Creditor on Sale, Common Law Duties, Agent Liability, Foreclosure, Sale of Secured Property
Property Law Secured Transactions Statutory Duty of Creditor on Sale Common Law Duties Agent Liability Foreclosure Sale of Secured Property

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Parties

Stuart Balfour Bisset and another

Pursuers

Standard Property Investment Plc

Defenders

Procedural Posture

Civil / Debate on Relevancy and Specification of Pleadings

Legal Issues

  1. 1 Whether defenders breached statutory duty under section 25 of the Conveyancing and Feudal Reform (Scotland) Act 1970
  2. 2 Whether common law imposes analogous duties on heritable creditors
  3. 3 Whether failures of agents are imputable to creditor

Ratio Decidendi

The statutory duty under section 25 remains with the creditor throughout; appointment of competent agents does not discharge the duty. The pursuers' averments, though broadly expressed, are sufficiently specific and relevant for inquiry except those relating to the obligation to realise collateral security, which are excluded as irrelevant.

Court Disposition

Proof before answer allowed, except specified averments excluded from probation

Orders

  • Exclude from probation pursuers' averments in Article 9 of the summons from 'The defenders had an assignation...' to '...reducing the said debt'
  • Quoad ultra, allow proof before answer