VED PARKASH AGAINST THE ROYAL BANK OF SCOTLAND PLC [2023] ScotCS CSOH_33 (23 May 2023)

VED PARKASH AGAINST THE ROYAL BANK OF SCOTLAND PLC [2023] ScotCS CSOH_33 (23 May 2023)

The pursuer failed to prove that any misrepresentation was made by or on behalf of the defender regarding the nature of the documents signed. The evidence established that the pursuer was informed orally at the signing meetings that he was signing personal guarantees and had the opportunity to take legal advice. The pursuer's evidence was unreliable and inconsistent, and any error was self-generated and not induced by the defender. Accordingly, no ground for reduction was established.

Citation
[2023] ScotCS CSOH_33
Parties
Pursuer: Ved Parkash; Defender: The Royal Bank of Scotland PLC
Jurisdiction
Scotland
Judgment Date
23 May 2023
Procedural Posture
Civil Action for Reduction / Judgment After Proof Before Answer
Outcome
decree of absolvitor granted; pursuer's pleas repelled; defender's third plea sustained
Legal Topics
Reduction of Personal Guarantees, Misrepresentation, Unilateral Error, Cautionary Obligations
Contract Law Banking Law Reduction of Personal Guarantees Misrepresentation Unilateral Error Cautionary Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ved Parkash

Pursuer

The Royal Bank of Scotland PLC

Defender

Procedural Posture

Civil Action for Reduction / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether personal guarantees signed by pursuer should be reduced due to essential error induced by misrepresentation
  2. 2 Whether pursuer was in essential error as to the nature of the documents signed
  3. 3 Whether any misrepresentation was made by or on behalf of the defender

Ratio Decidendi

The pursuer failed to prove that any misrepresentation was made by or on behalf of the defender regarding the nature of the documents signed. The evidence established that the pursuer was informed orally at the signing meetings that he was signing personal guarantees and had the opportunity to take legal advice. The pursuer's evidence was unreliable and inconsistent, and any error was self-generated and not induced by the defender. Accordingly, no ground for reduction was established.

Court Disposition

decree of absolvitor granted; pursuer's pleas repelled; defender's third plea sustained

Orders

  • Defender's third plea-in-law sustained
  • Pursuer's pleas repelled