GIOVANNI GUIDI AGAINST PROMONTORIA (CHESTNUT) LTD [2021] SC GLW 59 (14 October 2021)

GIOVANNI GUIDI AGAINST PROMONTORIA (CHESTNUT) LTD [2021] SC GLW 59 (14 October 2021)

The court held that Promontoria (Chestnut) Ltd had established its title to sue by producing the necessary assignation documents and evidence of the debt, and was therefore entitled to enforce the loan agreement against the pursuer.

Citation
[2021] SC GLW 59
Parties
Pursuer: Giovanni Guidi; Defender: Promontoria (Chestnut) Ltd
Jurisdiction
Scotland
Judgment Date
14 October 2021
Procedural Posture
Civil / Judgment
Outcome
decree granted for the defender
Legal Topics
Assignation of Debt, Enforceability of Loan Agreements
Contract Law Debt Recovery Assignation of Debt Enforceability of Loan Agreements

Case Brief

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Parties

Giovanni Guidi

Pursuer

Promontoria (Chestnut) Ltd

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Promontoria (Chestnut) Ltd has title to sue as assignee of the debt
  2. 2 Whether the assignation of the debt was valid and enforceable

Ratio Decidendi

The court held that Promontoria (Chestnut) Ltd had established its title to sue by producing the necessary assignation documents and evidence of the debt, and was therefore entitled to enforce the loan agreement against the pursuer.

Court Disposition

decree granted for the defender

Orders

  • Defender entitled to enforce the debt against the pursuer