Our Dispute Resolution team have had a busy year and continue to be heavily involved in financial disputes and banking litigation. In the case of RBS v O’Donnell and McDonald in the Scottish Appeal Court they scored a major victory when the Appeal judges upheld the original judgement in favour of their property developer clients, Mr O’Donnell and Mr McDonald, holding that the bank had indeed been guilty of a negligent misrepresentation which induced the property developers to sign up to a Personal Guarantee. On Friday RBS finally confirmed that they do not intend to appeal the decision to the Supreme Court – a very welcome early Christmas present for our clients! For more commentary on the case, please see https://mbmcommercial.co.uk/blogs/banking-disputes-blog/negligent-misrepresentation-half-the-truth-is-often-a-whole-lie/
The team have also been heavily engaged in the last few months with another RBS case which was being appealed by MBM to the Supreme Court – RBS v Carlyle. MBM have been acting for Mr Carlyle since 2008 and helped him to victory at first instance, where the judge held that RBS were in breach of a collateral warranty or contractual promise that they would provide Mr Carlyle with development funding to develop a plot at Gleneagles. On the strength of that promise Mr Carlyle drew down on funds to purchase the property and entered into missives, only to discover 9 months later that the development funding was not after all going to be forthcoming. The case has been on-going for 6 years after the bank successfully appealed the original decision, with the DR team appealing to the Supreme Court. The hearing took place before 5 SC judges on 20 November and we await their decision.