Cowan v. The Royal Bank Of Scotland Plc [2011] ScotCS CSOH_85 (17 May 2011)

Cowan v. The Royal Bank Of Scotland Plc [2011] ScotCS CSOH_85 (17 May 2011)

The pursuer failed to establish a prima facie case for interim suspension or interdict due to insufficient and unsupported averments, lack of offer of restitutio in integrum, and unexplained delay in seeking protective orders. The balance of convenience did not favour the pursuer.

Citation
[2011] ScotCS CSOH_85
Parties
Pursuer: Douglas Hugh Cowan; Defender: The Royal Bank of Scotland Plc
Jurisdiction
Scotland
Judgment Date
17 May 2011
Procedural Posture
Civil / Interim Application for Suspension and Interdict
Outcome
application refused
Legal Topics
Guarantee, Misrepresentation, Reduction, Interim Interdict, Sequestration, Prima Facie Case, Balance of Convenience
Contract Law Banking Law Insolvency Law Guarantee Misrepresentation Reduction Interim Interdict Sequestration +2 more

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Parties

Douglas Hugh Cowan

Pursuer

The Royal Bank of Scotland Plc

Defender

Procedural Posture

Civil / Interim Application for Suspension and Interdict

Legal Issues

  1. 1 Whether the pursuer has established a prima facie case for interim suspension of a charge and interim interdict against sequestration based on alleged misrepresentation regarding a guarantee.
  2. 2 Whether the balance of convenience favours granting interim protective orders.

Ratio Decidendi

The pursuer failed to establish a prima facie case for interim suspension or interdict due to insufficient and unsupported averments, lack of offer of restitutio in integrum, and unexplained delay in seeking protective orders. The balance of convenience did not favour the pursuer.

Court Disposition

application refused

Orders

  • Application for interim suspension and interim interdict refused.
  • Award of expenses granted against the pursuer and in favour of the defender.