Friends Provident Life And Pensions Ltd v. McGuinness [2005] ScotCS CSOH_72 (03 June 2005)

Friends Provident Life And Pensions Ltd v. McGuinness [2005] ScotCS CSOH_72 (03 June 2005)

Initially, summary decree was granted as the defender's pleadings disclosed no relevant defence. Upon later submissions, the court found that, had the new grounds been presented earlier, summary decree would not have been appropriate as arguable defences existed.

Citation
[2005] ScotCS CSOH_72
Parties
Pursuer: Friends Provident Life & Pensions Limited; Defender: John McGuinness
Jurisdiction
Scotland
Judgment Date
03 June 2005
Procedural Posture
Civil / Motion for Summary Decree and Motion for Leave to Reclaim
Outcome
Leave to reclaim granted; summary decree interlocutor open to appeal.
Legal Topics
Summary Decree, Condictio Indebiti, Personal Bar, Equitable Remedies, Repetition of Payment
Civil Procedure Contract Law Unjust Enrichment Summary Decree Condictio Indebiti Personal Bar Equitable Remedies Repetition of Payment

Case Brief

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Parties

Friends Provident Life & Pensions Limited

Pursuer

John McGuinness

Defender

Procedural Posture

Civil / Motion for Summary Decree and Motion for Leave to Reclaim

Legal Issues

  1. 1 Whether summary decree should be granted for repayment of £627,408.31 paid in error
  2. 2 Whether the defender has a stateable defence to the action based on condictio indebiti, personal bar, change of position, or equity

Ratio Decidendi

Initially, summary decree was granted as the defender's pleadings disclosed no relevant defence. Upon later submissions, the court found that, had the new grounds been presented earlier, summary decree would not have been appropriate as arguable defences existed.

Court Disposition

Leave to reclaim granted; summary decree interlocutor open to appeal.

Orders

  • Leave to reclaim the interlocutor of 24 March 2005 is granted.