NORTHERN ROCK (ASSET MANAGEMENT) PLC v. STUART DOUGLAS FOWLIE [2012] ScotSC 93 (25 September 2012)

NORTHERN ROCK (ASSET MANAGEMENT) PLC v. STUART DOUGLAS FOWLIE [2012] ScotSC 93 (25 September 2012)

Where the property is unoccupied and not used for residential purposes, the pursuer is entitled to declarator and need not comply with section 24(1B) of the 1970 Act; such an action is competent at common law and not regulated by Part II of the Act.

Citation
[2012] ScotSC 93
Parties
Pursuer: NRAM otherwise known as NORTHERN ROCK (ASSET MANAGEMENT) PLC and previously known as NORTHERN ROCK PLC; Defender: Stuart Douglas Fowlie
Jurisdiction
Scotland
Judgment Date
25 September 2012
Procedural Posture
Ordinary Action / Motion for Decree in Absence
Outcome
decree in absence granted
Legal Topics
Heritable Property, Declarator, Enforcement of Securities, Default Under Standard Conditions, Residential Property Occupancy
Property Law Civil Procedure Heritable Property Declarator Enforcement of Securities Default Under Standard Conditions Residential Property Occupancy

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Parties

NRAM otherwise known as NORTHERN ROCK (ASSET MANAGEMENT) PLC and previously known as NORTHERN ROCK PLC

Pursuer

Stuart Douglas Fowlie

Defender

Procedural Posture

Ordinary Action / Motion for Decree in Absence

Legal Issues

  1. 1 Whether the defender is in default under Standard Condition 9(1) of Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970
  2. 2 Whether the property is unoccupied and not used for residential purposes
  3. 3 Whether the pursuer is entitled to proceed by way of declarator rather than under section 24(1B) of the 1970 Act

Ratio Decidendi

Where the property is unoccupied and not used for residential purposes, the pursuer is entitled to declarator and need not comply with section 24(1B) of the 1970 Act; such an action is competent at common law and not regulated by Part II of the Act.

Court Disposition

decree in absence granted

Orders

  • Declarator granted in favour of the pursuer as sought.