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Debt recovery [2025] SACCIV 17

Appeal in the cause Cabot Financial (UK) LTD against Stephanie Hughes (Sheriff Appeal Court Civil)

Appeal in the cause Cabot Financial (UK) LTD against Stephanie Hughes (Sheriff Appeal Court Civil) [2025] SACCIV 17 (27 June 2025)

The Sheriff Appeal Court refused an appeal in a simple procedure debt claim, holding that documentary evidence could be admitted without witnesses and that Cabot proved the debt and assignation.

  • Assignation of debt
  • Enforceability of credit agreements
  • Simple procedure evidential rules
  • Simple-procedure
  • Debt-recovery
  • Assignation-of-debt
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Contract law [2025] SACCIV 6

Charles Thompson McKinlay against Avellierie LTD & Kenneth Scott (Sheriff Appeal Court Civil)

Charles Thompson McKinlay against Avellierie LTD & Kenneth Scott (Sheriff Appeal Court Civil) [2025] SACCIV 6 (10 March 2025)

The Sheriff Appeal Court held that a deed of assignation transferring a loan debt also transferred rights under a personal guarantee tied to that debt.

  • Assignation of debt
  • Personal guarantee
  • Construction of contracts
  • Accessory security rights
  • Assignation-of-debt
  • Personal-guarantee
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Contract law [2021] SC GLW 59

GIOVANNI GUIDI AGAINST PROMONTORIA (CHESTNUT) LTD

GIOVANNI GUIDI AGAINST PROMONTORIA (CHESTNUT) LTD [2021] SC GLW 59 (14 October 2021)

The sheriff court held that Promontoria (Chestnut) Ltd had valid title to sue as assignee of the debt and could enforce the loan agreement.

  • Assignation of debt
  • Enforceability of loan agreements
  • Assignation-of-debt
  • Title-to-sue
  • Debt-recovery
  • Contract-law
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Contract law [2021] SC GLW 59

GIOVANNI GUIDI AGAINST PROMONTORIA (CHESTNUT) LTD

GIOVANNI GUIDI AGAINST PROMONTORIA (CHESTNUT) LTD [2021] SC GLW 59 (14 October 2021)

The sheriff court held that Promontoria (Chestnut) Ltd had title to sue on an assigned debt, finding the assignation and debt evidence sufficient.

  • Assignation of debt
  • Title to sue
  • Proof of debt
  • Assignation-of-debt
  • Title-to-sue
  • Debt-recovery
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Company law [2020] ScotCS CSIH_65

NOTES OF JOSEPH SWEENEY AND DONALDA SWEENEY FOR ORDERS IN RELATION TO THE WINDING UP OF WEST LARKIN LTD

NOTES OF JOSEPH SWEENEY AND DONALDA SWEENEY FOR ORDERS IN RELATION TO THE WINDING UP OF WEST LARKIN LTD [2020] ScotCS CSIH_65 (20 October 2020)

The Inner House refused to require a liquidator to challenge a right-to-buy registration, but ordered assignation of a judgment debt to a paying co-obligant.

  • Liquidator's powers
  • Right to buy
  • Agricultural tenancy
  • Assignation of debt
  • Rectification of register of members
  • Liquidator-powers
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Contract law [2020] ScotCS CSOH_56

PROMONTORIA (CHESTNUT) LIMITED AGAINST THE FIRM OF BALLANTYNE PROPERTY SERVICES AND OTHERS

PROMONTORIA (CHESTNUT) LIMITED AGAINST THE FIRM OF BALLANTYNE PROPERTY SERVICES AND OTHERS [2020] ScotCS CSOH_56 (29 May 2020)

The Court of Session considered whether an assignee bank debt claim could proceed despite challenges to title, intimation, and an alleged promise to renew lending.

  • Assignation of debt
  • Promise in scots law
  • Personal bar (estoppel)
  • Mutuality of contract
  • Summary decree
  • Facility agreements
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Insolvency [2020] ScotCS CSOH_9

DONALDA THERESA SWEENEY IN RELATION TO THE WINDING UP OF WEST LARKIN LTD

DONALDA THERESA SWEENEY IN RELATION TO THE WINDING UP OF WEST LARKIN LTD [2020] ScotCS CSOH_9 (14 January 2020)

The Court of Session held that a co-obligant who paid a joint and several judgment debt was entitled to an assignation under insolvency rules.

  • Assignation of debt
  • Rights of relief
  • Joint and several liability
  • Unjustified enrichment
  • Liquidation procedure
  • Insolvency
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Insolvency [2017] ScotCS CSOH_85

The Rangers FC Group Ltd v Stephen & Anor

The Rangers FC Group Ltd v Stephen & Anor [2017] ScotCS CSOH_85 (15 June 2017)

The Court of Session sisted an insolvency appeal because the disputed issues overlapped with ongoing criminal proceedings and risked prejudicing the trial.

  • Adjudication of creditor claims
  • Fraudulent scheme
  • Unlawful financial assistance
  • Balancing of accounts in bankruptcy
  • Floating charge
  • Assignation of debt
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Insolvency [2011] ScotCS CSOH_54

Martin & Ors v Sinclar Group Ltd & Ors

Martin & Ors v Sinclar Group Ltd & Ors [2011] ScotCS CSOH_54 (22 March 2011)

The Court of Session refused to sustain a plea of no interest to sue in a liquidation dispute over a £3 million dividend and related debt-setoff arrangement.

  • Liquidation
  • Unjustified enrichment
  • Subrogation
  • Assignation of debt
  • Secured creditors
  • Relief among co-obligants
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Contract law [1998] ScotCS 99

Wilson v Lothian & Borders Police

Wilson v Lothian & Borders Police [1998] ScotCS 99 (11 December 1998)

The Court of Session held that the pursuer had title to sue on an assigned storage debt, but excluded averments relying on Schedule 2 of the 1973 Act for prescription.

  • Assignation of debt
  • Title to sue
  • Prescription of contractual obligations
  • Assignation-of-debt
  • Title-to-sue
  • Prescription-of-contractual-obligations
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.