Lorna McLean against Elderbridge Ltd (Court of Session) [2026] SCOH 4 (27 January 2026)

Lorna McLean against Elderbridge Ltd (Court of Session) [2026] SCOH 4 (27 January 2026)

Liability for damages arising from acts of original lender does not transmit to assignee upon assignation; pursuer's claims for damages against defender based on transmission are irrelevant. Claims for damages based on defender's own acts lack relevant averments and specification; rescission not effective without restitutionary payment. Third plea-in-law and supporting averments excluded from probation.

Citation
[2026] SCOH 4
Parties
Pursuer: Lorna McLean as executor of Hamish McLean; Defender: Elderbridge Ltd
Jurisdiction
Scotland
Judgment Date
27 January 2026
Procedural Posture
Civil / Opinion on Relevancy and Exclusion of Averments; Proof Before Answer Allowed
Outcome
Third plea-in-law and supporting averments excluded from probation; defender's first plea-in-law sustained quoad third plea-in-law and Article 13; proof before answer allowed on remaining averments.
Legal Topics
Assignation of Contractual Rights, Damages, Reduction of Standard Security, Secret Commission, Restitutio in Integrum
Contract Law Property Law Restitution Assignation of Contractual Rights Damages Reduction of Standard Security Secret Commission Restitutio in Integrum

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Parties

Lorna McLean as executor of Hamish McLean

Pursuer

Elderbridge Ltd

Defender

Procedural Posture

Civil / Opinion on Relevancy and Exclusion of Averments; Proof Before Answer Allowed

Legal Issues

  1. 1 Whether liability for damages arising from secret commission paid by original lender transmits to assignee
  2. 2 Whether defender is liable for losses arising from refusal to discharge standard security
  3. 3 Specification of loss and adequacy of pleadings

Ratio Decidendi

Liability for damages arising from acts of original lender does not transmit to assignee upon assignation; pursuer's claims for damages against defender based on transmission are irrelevant. Claims for damages based on defender's own acts lack relevant averments and specification; rescission not effective without restitutionary payment. Third plea-in-law and supporting averments excluded from probation.

Court Disposition

Third plea-in-law and supporting averments excluded from probation; defender's first plea-in-law sustained quoad third plea-in-law and Article 13; proof before answer allowed on remaining averments.

Orders

  • Sustain defender's first plea-in-law quoad third plea-in-law for pursuer and averments in Article 13 of Condescendence.
  • Allow proof before answer on remaining averments.