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ARTICLE · 02 DECEMBER 2010

What Now For The Repo Man?

MacRoberts
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In a landmark ruling on 24 November 2010, the Supreme Court decision in the case of "Royal Bank of Scotland plc v Wilson" could affect thousands of repossession cases in Scotland.

United KingdomLitigation, Mediation & Arbitration
Julie Hamilton
Julie Hamilton
Gillian Craig
Gillian Craig
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Introduction

In a landmark ruling on 24 November 2010, the Supreme Court decision in the case of Royal Bank of Scotland plc v Wilson could affect thousands of repossession cases in Scotland.

Facts

The Wilsons granted standard securities over houses in Loanhead in favour of the Bank in 1991, and ran up debts which the Bank sought to recover. A court action for repossession was raised by the Bank in 1998.

The Bank did not serve a "calling-up notice", as it did not consider it was obliged to do so in this case, in line with the widely held understanding and application in practice of the provisions in the relevant Act concerning enforcement of standard securities (the Conveyancing and Feudal Reform (Scotland) Act 1970).

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