Appeal by Anthony Gladwin in the cause Moneybarn No.1 Ltd against Anthony Gladwin (Sheriff Appeal Court Civil) [2026] SACCIV 21 (11 March 2026)

Appeal by Anthony Gladwin in the cause Moneybarn No.1 Ltd against Anthony Gladwin (Sheriff Appeal Court Civil) [2026] SACCIV 21 (11 March 2026)

The appellant's pleadings did not disclose any relevant or specific defence under the Consumer Credit Act 1974 or otherwise; no factual basis was provided for the claim of unfairness or unenforceability due to commission; the sheriff was entitled to grant summary decree as there was no real prospect of success in the appellant's case.

Citation
[2026] SACCIV 21
Parties
Defender/appellant: Anthony Gladwin; Pursuer/respondent: Moneybarn No.1 Ltd
Jurisdiction
Scotland
Judgment Date
11 March 2026
Procedural Posture
Civil Appeal / Appeal Against Summary Decree
Outcome
appeal refused
Legal Topics
Conditional Sale Agreement, Summary Decree, Commission Disclosure, Consumer Credit Act 1974, Unfair Relationship, Pleading Specification
Contract Law Consumer Credit Law Conditional Sale Agreement Summary Decree Commission Disclosure Consumer Credit Act 1974 Unfair Relationship Pleading Specification

Case Brief

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Parties

Anthony Gladwin

Defender/appellant

Moneybarn No.1 Ltd

Pursuer/respondent

Procedural Posture

Civil Appeal / Appeal Against Summary Decree

Legal Issues

  1. 1 Whether the sheriff erred in granting summary decree under ordinary cause rule 17
  2. 2 Whether the appellant's pleadings disclosed a relevant defence under section 140A of the Consumer Credit Act 1974
  3. 3 Whether non-disclosure of commission rendered the contract defective or unenforceable

Ratio Decidendi

The appellant's pleadings did not disclose any relevant or specific defence under the Consumer Credit Act 1974 or otherwise; no factual basis was provided for the claim of unfairness or unenforceability due to commission; the sheriff was entitled to grant summary decree as there was no real prospect of success in the appellant's case.

Court Disposition

appeal refused

Orders

  • appeal refused
  • expenses awarded to respondents as taxed