Assessing Whether 1st Judge was Plainly Wrong
The Court was asked whether, on an objective assessment of a what a developer and the bank had said to each other, the bank intended to enter into a legally binding promise to advance sums in the future to fund not only the developers purchase of two development plots but also the construction of a house on each plot.
Held: When deciding that a judge at first instance who has heard the evidence has gone ‘plainly wrong’ the appeal court must be satisfied that the judge could not reasonably have reached the decision under appeal. Nevertheless, that standard was apparent in this case, and the judge’s findings were set aside and the case remitted for further hearing.
Lord Neuberger, President, Lord Kerr, Lord Clarke , Lord Reed , Lord Hodge
[2015] UKSC 13, 2015 GWD 10-175, 2015 SLT 206, 2015 SC (UKSC) 93, UKSC 2013/0227
Bailii, Bailii Summary, SC, SC Summary
Scotland
Citing:
Approved – Electricity Corporation of New Zealand Ltd v Fletcher Challenge Energy Ltd 10-Oct-2001
Court of Appeal of New Zealand
Held: ‘The court has an entirely neutral approach when determining whether the parties intended to enter into a contract. Having decided that they had that intention, however, the court’s attitude will change. It . .
At Outer House – Royal Bank of Scotland Plc v Carlyle SCS 13-Jan-2010
The bank sought repayment of a loan to the defender, who replied saying that the Bank had promised additional funding without which he suffered losses. . .
At Outer House – Royal Bank of Scotland Plc v Carlyle SCS 6-Aug-2010
(Outer House) . .
Cited – McGraddie v McGraddie and Another (Scotland) SC 31-Jul-2013
The parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his . .
At Inner House – Royal Bank of Scotland Plc v Carlyle SCS 12-Sep-2013
. .
Cited – Henderson v Foxworth Investments Limited and Another SC 2-Jul-2014
It was said that land, a hotal and gold courses, had been sold at an undervalue and that the transaction was void as against the seller’s liquidator.
Held: The appeal was allowed. The critical issue was whether ‘the alienation was made for . .
Cited – Beacon Insurance Company Ltd v Maharaj Bookstore Ltd PC 9-Jul-2014
(Trinidad and Tobago) The Board was asked as to an insurance claim arising out of a fire and the insurance company’s rejection of that claim on the ground that part of it was fraudulent or had involved fraudulent devices. The principal issue was . .
Cited by:
Cited – Santander (UK) Plc v Parker CANI 16-Jun-2015
Appeal by Mr Parker against the judgment dismissing Mr Parker’s appeal against the Order of Master Bell refusing a stay on possession by Santander (UK) PLC of the appellant’s dwelling house.
Held: A promissory note was equivalent to cash, but . .
Lists of cited by and citing cases may be incomplete.
Contract, Litigation Practice
Leading Case
Updated: 09 November 2021; Ref: scu.544221
