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Scotland Case Law

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Banking law [2026] SCEDIN 9

Bibby Factors LTD v Bank of Scotland Plc (Sheriff Court Civil)

Bibby Factors LTD v Bank of Scotland Plc (Sheriff Court Civil) [2026] SCEDIN 9 (12 January 2026)

The sheriff held that a bank may owe duties where it has notice funds in a customer account are subject to a trust, and allowed proof on the pursuer’s case.

  • Fiduciary duties of banks
  • Notice of trust
  • Factoring agreements
  • Knowing receipt
  • Dishonest assistance
  • Mandate and payment instructions
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Civil procedure [2024] ScotCS CSIH_16

JOHN GLARE AGAINST CLYDESDALE BANK PLC

JOHN GLARE AGAINST CLYDESDALE BANK PLC [2024] ScotCS CSIH_16 (02 July 2024)

The Inner House refused reduction of an absolvitor, holding that alleged perjury about break costs did not causally affect the original judgment.

  • Reduction of decree
  • Fraud on the court
  • Subornation of perjury
  • Finality in litigation
  • Mis-selling of financial products
  • Reduction-of-decree
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Banking law [2024] ScotSAC Civ 15

JOHN McIVOR (AP) v THE ROYAL BANK OF SCOTLAND

JOHN McIVOR (AP) v THE ROYAL BANK OF SCOTLAND [2024] ScotSAC Civ 15 (15 April 2024)

The Sheriff Appeal Court refused an appeal by John McIvor against The Royal Bank of Scotland, holding there was no legal error and no proven breach of contract.

  • Bank liability
  • Customer rights
  • Appeal procedure
  • Banking-law
  • Contract-law
  • Civil-appeal
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Banking law [2024] SC EDIN 9

BANK OF SCOTLAND AGAINST ALEXANDER MORRISON

BANK OF SCOTLAND AGAINST ALEXANDER MORRISON [2024] SC EDIN 9 (27 February 2024)

The sheriff granted decree for Bank of Scotland against Alexander Morrison for repayment of sums due under a loan agreement, with interest and expenses.

  • Loan recovery
  • Default on loan
  • Summary judgment
  • Loan-recovery
  • Default-on-loan
  • Summary-judgment
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Banking law [2024] SC EDIN 9

BANK OF SCOTLAND AGAINST ALEXANDER MORRISON

BANK OF SCOTLAND AGAINST ALEXANDER MORRISON [2024] SC EDIN 9 (27 February 2024)

A Scottish Sheriff Court granted summary decree for Bank of Scotland, finding the defender had no real prospect of success and ordering payment and expenses.

  • Loan enforcement
  • Summary decree
  • Summary-decree
  • Debt-recovery
  • Loan-enforcement
  • Scottish-sheriff-court
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Banking law [2023] ScotSAC Civ 34

APPEAL BY BANK OF SCOTLAND v CROWN OFFICE AND PROCURATOR FISCAL SERVICE AND OTHERS

APPEAL BY BANK OF SCOTLAND v CROWN OFFICE AND PROCURATOR FISCAL SERVICE AND OTHERS [2023] ScotSAC Civ 34 (22 November 2023)

The Sheriff Appeal Court refused Bank of Scotland’s appeal in proceedings under the Proceeds of Crime Act 2002, leaving interlocutory orders in force.

  • Asset recovery
  • Proceeds of crime
  • Bank obligations
  • Interlocutory orders
  • Proceeds-of-crime
  • Banking-law
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Civil procedure [2023] ScotCS CSIH_42

THE ROYAL BANK OF SCOTLAND PLC AGAINST MOHAMMED ISLAM AND THOMAS CAMPBELL MACLENNAN

THE ROYAL BANK OF SCOTLAND PLC AGAINST MOHAMMED ISLAM AND THOMAS CAMPBELL MACLENNAN [2023] ScotCS CSIH_42 (15 November 2023)

The Court of Session refused permission to appeal in a mortgage enforcement case, holding that no important point of principle or practice was raised.

  • Standard securities
  • Sequestration
  • Vexatious litigant
  • Decree by default
  • Reasonableness under s 24(5) conveyancing and feudal reform (scotland) act 1970
  • Lay representation
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Contract law [2023] ScotCS CSOH_33

VED PARKASH AGAINST THE ROYAL BANK OF SCOTLAND PLC

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

Court of Session refused reduction of three personal guarantees, holding the pursuer failed to prove misrepresentation or essential error.

  • Reduction of personal guarantees
  • Misrepresentation
  • Unilateral error
  • Cautionary obligations
  • Personal-guarantees
  • Reduction
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Banking law [2023] ScotSAC Civ 20

ROYAL BANK OF SCOTLAND plc v MOHAMMED ASLAM AND ANOTHER

ROYAL BANK OF SCOTLAND plc v MOHAMMED ASLAM AND ANOTHER [2023] ScotSAC Civ 20 (11 May 2023)

The Sheriff Appeal Court allowed the bank’s appeal, recalling summary decree because the respondents had arguable defences and disputed facts requiring proof.

  • Summary decree
  • Defences to debt recovery
  • Appeal against summary decree
  • Summary-decree
  • Debt-recovery
  • Civil-procedure
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Commercial law [2023] ScotCS CSIH_4

APPEAL BY GIUSEPPE GUIDI AGAINST CLYDESDALE BANK Plc AND PROMONTORIA (CHESTNUT) LTD

APPEAL BY GIUSEPPE GUIDI AGAINST CLYDESDALE BANK Plc AND PROMONTORIA (CHESTNUT) LTD [2023] ScotCS CSIH_4 (24 January 2023)

The Inner House held that a standard security assignation was valid despite not stating the precise debt amount, and allowed reliance on redacted documents.

  • Validity of assignation
  • Redaction of documents
  • Personal guarantee
  • Standard security
  • Debt recovery
  • Assignation-of-standard-security
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.