GRAEME M FRASER & CO & Ors v. THE ROYAL BANK OF SCOTLAND PLC [2013] ScotCS CSIH_56 (20 June 2013)

GRAEME M FRASER & CO & Ors v. THE ROYAL BANK OF SCOTLAND PLC [2013] ScotCS CSIH_56 (20 June 2013)

The only relevant issue is whether the loan agreements are forged, as identified in the written pleadings. The Lord Ordinary correctly allowed preliminary proof on this issue.

Citation
[2013] ScotCS CSIH_56
Parties
Pursuers and Reclaimers: Graeme M Fraser & Co and Others; Defenders and Respondents: The Royal Bank of Scotland PLC
Jurisdiction
Scotland
Judgment Date
20 June 2013
Procedural Posture
Reclaiming Motion / Appeal Against Interlocutor Allowing Preliminary Proof
Outcome
reclaiming motion refused
Legal Topics
Reduction of Loan Agreements, Alleged Forgery, Formal Validity of Contracts
Contract Law Banking Law Reduction of Loan Agreements Alleged Forgery Formal Validity of Contracts

Case Brief

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Parties

Graeme M Fraser & Co and Others

Pursuers and Reclaimers

The Royal Bank of Scotland PLC

Defenders and Respondents

Procedural Posture

Reclaiming Motion / Appeal Against Interlocutor Allowing Preliminary Proof

Legal Issues

  1. 1 Whether the loan agreements between the parties are forgeries
  2. 2 Whether the pursuers are entitled to reduction of the loan agreements

Ratio Decidendi

The only relevant issue is whether the loan agreements are forged, as identified in the written pleadings. The Lord Ordinary correctly allowed preliminary proof on this issue.

Court Disposition

reclaiming motion refused

Orders

  • Court adheres to interlocutor of Lord Ordinary dated 8 August 2012
  • Preliminary proof confined to issue of forgery allowed