The recent case of Royal Bank of Scotland Plc. v. Jamieson has rejected a previously accepted practice in relation to the sending of a Calling Up Notice (“CUN”) to the Extractor of the Court of Session. The practical ramifications of this decision are uncertain and this case has raised more questions than it has answered. Further case law is going to be needed to clarify how CUNs are to be dealt with in the future. Background A creditor holding a standard security can issue a CUN to call up the loan and seek repayment.  In this case, when the creditor...

Over the past several years MBM has had a lot of clients come to them with what they initially thought was a claim against their bank but which later turned into a claim against their previous advisers. In this blog Liina Tulk, Senior Solicitor in the Dispute Resolution team, considers circumstances where a banking dispute can turn into a professional negligence claim against previous lawyers.

Sheriff Daniel Kelly QC has allowed proof (civil trial) in a claim by Brian and Linda MacBride (“the MacBrides”) for compensation in relation to repossession proceedings taken against them by GE Money Secured Loans Ltd (“GE Money”) in 2014 in respect of a Standard Security they had previously granted. In 2009 GE Money sent the MacBrides a certificate of arrears and then raised an action for recovery of possession and ejection on the basis that they failed to pay their mortgage and were in default. The action relied on a shortcut court action for repossession, rather than the service of...

Whether the company or individual you wish to sue is based in Scotland, elsewhere in the UK, the EU/EFTA region, or out-with the EU, determining which court has jurisdiction can be tricky. The court’s jurisdiction refers to its entitlement to hear an action and make a decision. It is helpful to know that at when forming the contract, you can specify which court any dispute will be heard in. However, if the contract is silent on jurisdiction, the best place to start is finding out which of these four regions the defender is based in. In cases where the dispute...

The following text is from a speech recently given by Heather Buchanan, Director of Policy at the APPG on Fair Business Banking – reproduced with kind permission of Heather and the APPG. “Having spent the last two years examining the pitfalls of the relationships between businesses and their banks, it is impossible to pin down exactly what can be, if anything at all, that magic bullet that will help create a level playing field and stabilize commercial relationships. Businesses are, on the whole, poorly served by both regulation and law, and one thing is certain, an overhaul of banking culture...