Brown v Rysaffe Trustee Company (CI) Ltd [2011] ScotCS CSOH_26 (08 February 2011)

Brown v Rysaffe Trustee Company (CI) Ltd [2011] ScotCS CSOH_26 (08 February 2011)

On proper construction of the Loan Agreement, the defender contracted as trustee only and did not assume personal liability; if necessary, a term to that effect would be implied. Rectification would also be available to reflect the parties' common intention.

Citation
[2011] ScotCS CSOH_26
Parties
Pursuer: John Kenneth Brown; Defender: Rysaffe Trustee Company (CI) Limited
Jurisdiction
Scotland
Judgment Date
08 February 2011
Procedural Posture
Civil / Debate on Relevancy and Counterclaim
Outcome
Action dismissed
Legal Topics
Trustee Liability, Contract Construction, Rectification of Contracts
Contract Law Trusts Law Trustee Liability Contract Construction Rectification of Contracts

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 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Kenneth Brown

Pursuer

Rysaffe Trustee Company (CI) Limited

Defender

Procedural Posture

Civil / Debate on Relevancy and Counterclaim

Legal Issues

  1. 1 Whether the defender contracted in a personal capacity or as trustee only
  2. 2 Whether the Loan Agreement imposes personal liability on the defender
  3. 3 Whether rectification of the Loan Agreement is warranted

Ratio Decidendi

On proper construction of the Loan Agreement, the defender contracted as trustee only and did not assume personal liability; if necessary, a term to that effect would be implied. Rectification would also be available to reflect the parties' common intention.

Court Disposition

Action dismissed

Orders

  • Sustain plea to relevancy of pursuer's averments and dismiss the action
  • Case to be put out By Order to discuss form of interlocutor and expenses