Accord Mortgages Ltd v Cameron [2013] ScotCS CSIH_31 (14 March 2013)

The sheriff's discretionary decision to grant decree for possession and sale was reasonable, considering the defender's inability to pay or settle, and there was no basis for appellate interference.

Citation: [2013] ScotCS CSIH_31
Parties: Pursuer/respondent: Accord Mortgages Limited; Defender/appellant: David Cameron
Jurisdiction: Scotland
Judgment Date: 14 March 2013
Procedural Posture: Appeal / Opinion of the Court on Appeal
Outcome: appeal refused
Legal Topics: Heritable Security, Repossession, Standard Security, Calling Up Notice, Reasonableness of Decree

Property Law Civil Procedure Heritable Security Repossession Standard Security Calling Up Notice Reasonableness of Decree

Case Brief

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Parties

Accord Mortgages Limited

Pursuer/respondent

David Cameron

Defender/appellant

Procedural Posture

Appeal / Opinion of the Court on Appeal

Legal Issues

1 Whether the sheriff's decision to grant decree for possession and sale was unreasonable under the statutory tests in the Conveyancing and Feudal Reform (Scotland) Act 1970.

Ratio Decidendi

The sheriff's discretionary decision to grant decree for possession and sale was reasonable, considering the defender's inability to pay or settle, and there was no basis for appellate interference.

Court Disposition

appeal refused

Orders

Appeal refused; decree for possession and sale affirmed.