NRAM v PETER CORDINER AND VERA CORDINER [2017] ScotSAC Civ 27 (01 September 2017)

NRAM v PETER CORDINER AND VERA CORDINER [2017] ScotSAC Civ 27 (01 September 2017)

The court held that the respondents' defences did not disclose a relevant or stateable defence to the action for payment under the loan agreement, and therefore summary decree was appropriate.

Citation
[2017] ScotSAC Civ 27
Parties
Applicant: NRAM; Respondent: Peter Cordiner; Respondent: Vera Cordiner
Jurisdiction
Scotland
Judgment Date
01 September 2017
Procedural Posture
Civil Appeal / Appeal
Outcome
appeal allowed
Legal Topics
Summary Decree, Defences, Loan Agreement
Civil Procedure Debt Recovery Summary Decree Defences Loan Agreement

Case Brief

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Parties

NRAM

Applicant

Peter Cordiner

Respondent

Vera Cordiner

Respondent

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether summary decree should be granted in favour of the pursuer in a debt recovery action
  2. 2 Whether the defences disclosed a relevant or stateable defence to the action

Ratio Decidendi

The court held that the respondents' defences did not disclose a relevant or stateable defence to the action for payment under the loan agreement, and therefore summary decree was appropriate.

Court Disposition

appeal allowed

Orders

  • summary decree granted in favour of the applicant
  • respondents found liable for payment under the loan agreement