ONESAVINGS BANK PLC AGAINST JOHN BURNS & Anor [2017] ScotSC 20 (05 April 2017)

ONESAVINGS BANK PLC AGAINST JOHN BURNS & Anor [2017] ScotSC 20 (05 April 2017)

The assignations relied upon by pursuers omitted mandatory wording required by statute and did not conform as closely as may be to the prescribed form; therefore, the pursuers did not have title to sue and cannot obtain the remedies sought.

Citation
[2017] ScotSC 20
Parties
Pursuer: ONESAVINGS BANK PLC; First Defender: JOHN BURNS, OTHERWISE KNOWN AS JOHN GRANVILLE BURNS; Second Defender: RHODA JOHAN SKINNER OR BURNS, OTHERWISE KNOWN AS RHONA JOHAN SKINNER OR BURNS
Jurisdiction
Scotland
Judgment Date
05 April 2017
Procedural Posture
Summary Application / Judgment
Outcome
Application dismissed; pursuers found to have no title to sue.
Legal Topics
Title to Sue, Assignation of Standard Securities, Heritable Creditor Remedies, Reasonableness of Ejection
Property Law Conveyancing Secured Lending Title to Sue Assignation of Standard Securities Heritable Creditor Remedies Reasonableness of Ejection

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

ONESAVINGS BANK PLC

Pursuer

JOHN BURNS, OTHERWISE KNOWN AS JOHN GRANVILLE BURNS

First Defender

RHODA JOHAN SKINNER OR BURNS, OTHERWISE KNOWN AS RHONA JOHAN SKINNER OR BURNS

Second Defender

Procedural Posture

Summary Application / Judgment

Legal Issues

  1. 1 Whether pursuers have title to sue under assigned standard security
  2. 2 Whether assignations conform to statutory requirements
  3. 3 Whether it is reasonable to grant remedies sought

Ratio Decidendi

The assignations relied upon by pursuers omitted mandatory wording required by statute and did not conform as closely as may be to the prescribed form; therefore, the pursuers did not have title to sue and cannot obtain the remedies sought.

Court Disposition

Application dismissed; pursuers found to have no title to sue.

Orders

  • Defenders’ first plea in law sustained.
  • Application dismissed.