Cotias Investments Inc v Wright (AP) [2000] ScotCS 76 (23 March 2000)

The defender's pleadings for reduction of the guarantee were held irrelevant, leaving her with no maintainable defence; decree granted for pursuers.

Citation: [2000] ScotCS 76
Parties: Pursuer: Cotias Investments Inc; Defender: Mrs Irene Hill Wright (AP)
Jurisdiction: Scotland
Judgment Date: 23 March 2000
Procedural Posture: Civil / Final Judgment
Outcome: judgment for pursuers
Legal Topics: Guarantee, Reduction of Guarantee, Good Faith, Fraudulent Misrepresentation

Case Brief

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Cotias Investments Inc

Pursuer

Mrs Irene Hill Wright (AP)

Defender

Civil / Final Judgment

1 Whether the guarantee was impetrated without good faith
2 Whether the guarantee should be reduced on grounds of fraudulent misrepresentation

The defender's pleadings for reduction of the guarantee were held irrelevant, leaving her with no maintainable defence; decree granted for pursuers.

judgment for pursuers

Decree for payment by defender to pursuers of £200,000 with interest at 14% per annum from 14 December 1998 until payment