Holden v. The Royal Bank Of Scotland Plc [2011] ScotCS CSOH_84 (17 May 2011)

Holden v. The Royal Bank Of Scotland Plc [2011] ScotCS CSOH_84 (17 May 2011)

Pursuer failed to establish a prima facie case for interim interdict as he remains apparently insolvent due to expired charge for payment and outstanding debts, and has not provided sufficient averments or supporting material to justify equitable relief; delay in seeking protective orders further precludes granting interim interdict.

Citation
[2011] ScotCS CSOH_84
Parties
Pursuer: Robert Robertson Holden; Defender: The Royal Bank of Scotland Plc
Jurisdiction
Scotland
Judgment Date
17 May 2011
Procedural Posture
Civil / Interim Interdict Application
Outcome
application refused
Legal Topics
Guarantee Reduction, Sequestration, Interim Interdict, Misrepresentation, Restitutio in Integrum
Contract Law Banking Law Insolvency Law Guarantee Reduction Sequestration Interim Interdict Misrepresentation Restitutio in Integrum

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Robert Robertson Holden

Pursuer

The Royal Bank of Scotland Plc

Defender

Procedural Posture

Civil / Interim Interdict Application

Legal Issues

  1. 1 Whether pursuer is entitled to interim interdict against defender applying for or obtaining sequestration based on guarantees
  2. 2 Whether pursuer has established a prima facie case for reduction of guarantees based on alleged misrepresentation
  3. 3 Whether delay and lack of supporting material preclude equitable relief

Ratio Decidendi

Pursuer failed to establish a prima facie case for interim interdict as he remains apparently insolvent due to expired charge for payment and outstanding debts, and has not provided sufficient averments or supporting material to justify equitable relief; delay in seeking protective orders further precludes granting interim interdict.

Court Disposition

application refused

Orders

  • refusal of interim interdict
  • award of expenses in favour of defender against pursuer as assisted person