North West Securities Ltd v Barrhead Coachworks Ltd [1976] ScotCS CSOH_5 (09 January 1976)

North West Securities Ltd v Barrhead Coachworks Ltd [1976] ScotCS CSOH_5 (09 January 1976)

The pursuers failed to aver a relevant case for restitution, specificatio, or natural equity; liability for restitution does not revive when recovery from the ultimate possessor is impossible, and section 27 of the Hire Purchase Act 1964 does not impose liability on the defenders in these circumstances.

Citation
[1976] ScotCS CSOH_5
Parties
Pursuer: North West Securities Limited; Defender: Barrhead Coachworks Limited
Jurisdiction
Scotland
Judgment Date
09 January 1976
Procedural Posture
Civil / First Instance (court of Session, After Sheriff Court Dismissal)
Outcome
action dismissed
Legal Topics
Hire Purchase, Restitution, Specificatio, Natural Equity, Trade Purchaser Liability
Property Law Commercial Law Hire Purchase Restitution Specificatio Natural Equity Trade Purchaser Liability

Case Brief

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Parties

North West Securities Limited

Pursuer

Barrhead Coachworks Limited

Defender

Procedural Posture

Civil / First Instance (court of Session, After Sheriff Court Dismissal)

Legal Issues

  1. 1 Whether a trade purchaser is liable to the true owner for the value of a vehicle disposed of to a statutorily protected private purchaser under section 27 of the Hire Purchase Act 1964
  2. 2 Whether the doctrine of restitution, specificatio, or natural equity provides a remedy to the pursuers

Ratio Decidendi

The pursuers failed to aver a relevant case for restitution, specificatio, or natural equity; liability for restitution does not revive when recovery from the ultimate possessor is impossible, and section 27 of the Hire Purchase Act 1964 does not impose liability on the defenders in these circumstances.

Court Disposition

action dismissed

Orders

  • first plea-in-law for defenders sustained
  • action dismissed