APPEAL BY GIUSEPPE GUIDI AGAINST CLYDESDALE BANK Plc AND PROMONTORIA (CHESTNUT) LTD [2023] ScotCS CSIH_4 (24 January 2023)

APPEAL BY GIUSEPPE GUIDI AGAINST CLYDESDALE BANK Plc AND PROMONTORIA (CHESTNUT) LTD [2023] ScotCS CSIH_4 (24 January 2023)

The assignation of the standard security was valid as the statutory requirements do not demand strict adherence to form or specification of the precise debt amount; redacted documents were permissible as all relevant parts were disclosed and no prejudice was shown.

Citation
[2023] ScotCS CSIH_4
Parties
Pursuer and Respondent: Giovanni Giuseppe Guidi; First Defender (non Participating Party): Clydesdale Bank Plc; Second Defender and Appellant: Promontoria (Chestnut) Limited
Jurisdiction
Scotland
Judgment Date
24 January 2023
Procedural Posture
Appeal / Remit From Sheriff Appeal Court to Inner House, Court of Session
Outcome
Action dismissed
Legal Topics
Validity of Assignation, Redaction of Documents, Personal Guarantee, Standard Security, Debt Recovery
Commercial Law Property Law Banking Law Validity of Assignation Redaction of Documents Personal Guarantee Standard Security Debt Recovery

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

Parties

Giovanni Giuseppe Guidi

Pursuer and Respondent

Clydesdale Bank Plc

First Defender (non Participating Party)

Promontoria (Chestnut) Limited

Second Defender and Appellant

Procedural Posture

Appeal / Remit From Sheriff Appeal Court to Inner House, Court of Session

Legal Issues

  1. 1 Whether the assignation of the standard security was valid under the Conveyancing and Feudal Reform (Scotland) Act 1970
  2. 2 Whether Promontoria (Chestnut) Ltd could rely on redacted versions of the deed of assignation and SPA

Ratio Decidendi

The assignation of the standard security was valid as the statutory requirements do not demand strict adherence to form or specification of the precise debt amount; redacted documents were permissible as all relevant parts were disclosed and no prejudice was shown.

Court Disposition

Action dismissed

Orders

  • Sheriff's interlocutor recalled
  • PCL's third plea in law sustained