Source: All England Reporter
Publisher Citation: [2010] All ER (D) 262 (Nov)
Neutral Citation: [2010] UKSC 50
Court: Supreme Court
Judge:

Lord Hope DP, Lord Rodger, Lord Walker, Lady Hale and Lord Clarke
Representation Alan Summers QC and John P Robertson (instructed by Aitken Nairn WS) for the appellant.
  Rhoderick McIlvride and John Paul Sheridan (instructed by Anderson Fyfe LLP) for the respondent.
Judgment Dates: 24 November 2010

Catchwords

Execution - Possession - Scotland - Bank having guarantee from husband and wife covering all debts jointly and severally - Bank seeking to enforce husband's debts against couple's house - Whether bank complying with Scottish legislative requirements - Whether bank having to serve calling-up notice - Whether certificate of default constituting 'formal requisition' - Conveyancing and Feudal Reform (Scotland) Act 1970, s19(1) - Heritable Securities (Scotland) Act 1894, s 5

The Case

Execution Possession. The Supreme Court held that (i) in a case falling within the scope of s 19(1) of the Conveyancing and Feudal Reform (Scotland) Act 1970, the creditor had to serve a calling-up notice; and certificate of default could not constitute a 'formal requisition' for the purposes of s 5 of the Heritable Securities (Scotland) Act 1894, since that requistion had to be made before any proceedings were begun.

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