JOHN McGREGOR DALGLISH v. NATIONAL WESTMINSTER BANK [2000] ScotSC 29 (31st October, 2000)

JOHN McGREGOR DALGLISH v. NATIONAL WESTMINSTER BANK [2000] ScotSC 29 (31st October, 2000)

The pursuer's claim can be based on both condictio indebiti and breach of contract. Rendering invoices contrary to the contract is a breach, and the loss naturally flows from that breach. The remedies are cumulative. Therefore, the pursuer's case against the defender under Section 75 of the Consumer Credit Act 1974 is relevant and survives the defender's challenge.

Citation
[2000] ScotSC 29
Parties
Pursuer: John McGregor Dalglish; Defender: National Westminster Bank PLC
Jurisdiction
Scotland
Procedural Posture
Civil / Debate on Relevancy at Options Hearing
Outcome
Case to proceed to further procedure; pursuer's case survives challenge.
Legal Topics
Breach of Contract, Condictio Indebiti, Joint and Several Liability, Consumer Credit Card Liability
Contract Law Consumer Credit Law Breach of Contract Condictio Indebiti Joint and Several Liability Consumer Credit Card Liability

Case Brief

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Parties

John McGregor Dalglish

Pursuer

National Westminster Bank PLC

Defender

Procedural Posture

Civil / Debate on Relevancy at Options Hearing

Legal Issues

  1. 1 Whether the pursuer's claim against the building contractor is properly characterised as breach of contract or condictio indebiti
  2. 2 Whether Section 75 of the Consumer Credit Act 1974 applies to make the defender jointly and severally liable

Ratio Decidendi

The pursuer's claim can be based on both condictio indebiti and breach of contract. Rendering invoices contrary to the contract is a breach, and the loss naturally flows from that breach. The remedies are cumulative. Therefore, the pursuer's case against the defender under Section 75 of the Consumer Credit Act 1974 is relevant and survives the defender's challenge.

Court Disposition

Case to proceed to further procedure; pursuer's case survives challenge.

Orders

  • Case put out by order for further procedure on 8 November 2000.