‘The pursuers seek warrant in terms of section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 in respect of the property at [address] and an order for removing in terms of section 5 of the Heritable Securities (Scotland) Act 1894 Held: The Sheriff Principal, having heard parties, allows the appeal and recalls the … Continue reading Mortgages 1 Ltd v Shaida Ahmed Chaudhary: ScSf 14 Nov 2013
(Scotland) Neighbours had each granted a standard security over their respective properties to the bank. The charge agreements contained personal covenants to repay the sums borrowed on demand. The land-owners appealed against an order for ejectment. Held: The borrowers’ appeal succeeded. The 1970 Act created the standard security but it was a very technical Act. … Continue reading Royal Bank of Scotland Plc v Wilson and Another: SC 24 Nov 2010
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