APEX PROPERTY FACTOR LIMITED AGAINST BC AND MC [2017] ScotSC 59 (31 May 2017)

The court found that the defenders were liable for the factoring charges as claimed by the pursuer under the terms of the property management agreement and that the sums were due and unpaid.

Citation: [2017] ScotSC 59
Parties: Pursuer: Apex Property Factor Limited; Defender: BC; Defender: MC
Jurisdiction: Scotland
Judgment Date: 31 May 2017
Procedural Posture: Civil / Judgment
Outcome: judgment for pursuer
Legal Topics: Property Factoring, Debt Recovery

Property Law Contract Law Property Factoring Debt Recovery

Case Brief

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Parties

Apex Property Factor Limited

Pursuer

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defenders are liable for factoring charges claimed by the pursuer
2 Whether the pursuer is entitled to recover the sums claimed

Ratio Decidendi

The court found that the defenders were liable for the factoring charges as claimed by the pursuer under the terms of the property management agreement and that the sums were due and unpaid.

Court Disposition

judgment for pursuer

Orders

Defenders to pay the sums claimed to the pursuer