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

The court held that Promontoria (Chestnut) Ltd had produced sufficient evidence of the assignation and the debt, and therefore had title to sue.

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, Title to Sue, Proof of Debt

Contract Law Debt Recovery Assignation of Debt Title to Sue Proof of Debt

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Parties

Giovanni Guidi

Pursuer

Promontoria (Chestnut) Ltd

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether Promontoria (Chestnut) Ltd has title to sue on the assigned debt
2 Whether the assignation of the debt was valid and effective

Ratio Decidendi

The court held that Promontoria (Chestnut) Ltd had produced sufficient evidence of the assignation and the debt, and therefore had title to sue.

Court Disposition

decree granted for the defender

Orders

Defender entitled to enforce the debt against the pursuer