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..., in respect of one very limited aspect arising out of some complex litigation brought by the claimant Mr Khan-Ghauri in four actions against, amongst others, the Dunbar Bank Plc. 2...meantime certain legal aid certificates have come forward, the interpretation of which is somewhat obscure. Mr Francis, who appears on behalf of Dunbar Bank Plc, has put forward a proposal for a draft...
...."17. The same principle can be found in Parker-Tweedale v Dunbar Bank Plc [1991] Ch 12 and...Bonham was cited in argument in both Parker Tweedale v Dunbar Bank Plc and...Crown Copyright ©1. LORD JUSTICE JUDGE: Ibrahim Raja was a customer of Lloyds Bank Plc (now Lloyds TSB Bank Plc) ("the Bank"). He owned four properties, one in Thornton...
...defenders had those valuations checked by a quantity surveyor retained by Dunbar Bank PLC, who have provided the defender with finance for the development. Ultimately the defender made payment to the pursuer...works had been paid for by way of borrowings by the defender from Dunbar Bank PLC, and the pursuer was not aware of any assets held by the defender apart from the subjects of the present development. The...valuations made by the quantity surveyors appointed by Dunbar Bank PLC showed the contract price as being 2,677,660, and the pursuer accordingly believed that figure to be the defender's funding...
..., 18th June 1998 B e f o r e: LORD JUSTICE MILLETT LORD JUSTICE MORRITT LORD JUSTICE POTTER DUNBAR BANK Plc Plaintiff/Respondent - v - MAURICE NADEEM First Defendant ZUBAIDA NADEEM Second Defendant...the Chancery Division, made an order that upon the Second Defendant Mrs Zubaida Nadeem paying the sum of £142,791.05 on or before 7th February 1997 to the solicitors to the Plaintiff Dunbar Bank Plc ("the...to the National Westminster Bank Plc. The Bank is not party to these proceedings. The Wife does not contend that that charge is also liable to be set aside against her. National Westminster Bank Plc contra...
...defenders had those valuations checked by a quantity surveyor retained by Dunbar Bank PLC, who have provided the defender with finance for the development. Ultimately the defender made payment to the pursuer...works had been paid for by way of borrowings by the defender from Dunbar Bank PLC, and the pursuer was not aware of any assets held by the defender apart from the subjects of the present development.... The valuations made by the quantity surveyors appointed by Dunbar Bank PLC showed the contract price as being £2,677,660, and the pursuer accordingly believed that figure to be the defender's funding...
...should be recalled that the costs in issue relate largely to the costs of defending Maxine Turner's counterclaim. The Court of Appeal in Barker-Tweedale v. Dunbar Bank plc (No.2...Finance Ltd (No.2) [1993] Ch 171 Scott LJ at 185A-E before citing from the judgment of Nourse LJ in the Dunbar Bank case observed: "First, it is...Dunbar Bank case (see 590F-H) that the relevant clause in the Dunbar Bank charges only enabled costs, charges and expenses recoverable by the mortgagee out of the mortgaged property to be those...
...Dunbar Bank PLC v Nadeem [1998] 3 All ER 876 per Millett LJ at p.884) to the other party. Further or alternatively, he relied upon the circumstance that in...was stated in the House of Lords in the Scottish case of The Western Bank of Scotland v Addie (1867) 1 LR Scotch Appeals 145. This was another case in which..., that as condition to a rescission there must be a restitutio in integrum. That parties must be put in statu quo. See Lord Cranworth in Addie v The Western Bank. It is a...
...under his hand." In Parker-Tweedale v Dunbar Bank plc & ors (No 2) 1991 CH p 26 the Court of Appeal was considering the contention of a mortgagee that it was entitled to obtain payment of its costs...possession and sale against the Transferees was made by Master Bowman on the 25th November 1997. Meanwhile on the 12th February 1996 a bankruptcy petition was presented against the Bankrupt by the Bank of...
...to interest does not rest on a common law ground of mora or wrongful withholding, which Lord Reed discussed in Wilson v Dunbar Bank plc 2008 SC 457. It has been created by statute...
...known as Dunbar Bank plc.[4] The negotiations between Edenroc and the defenders in relation to that funding extended from early August 2007 until mid-March 2008. During that...eight page document, the cover page of which indicated that it was an “Individual Guarantee by Simon Christopher Philip Barr in favour of Dunbar Bank plc”. The pursuer duly signed the document. It is...SIMON CHRISTOPHER PHILIP BARRPursuer;againstDUNBAR ASSETS PLCDefenders:Pursuer: Buchannan; Balfour + Manson LLP...
...Stewart Cameron (Drymen) Ltd 1973 SC 285, Wilson v Dunbar Bank plc 2008 SC 457. Once a pursuer had incurred loss by paying for the repairs he was deprived of money...Wilson v Dunbar Bank plc, Lord Reed at pp. 468-9. This is consistent with the principle that interest should run on a head of loss from the date when that loss was sustained. [20...rate was reduced to 8 per cent, that was in excess of 2 per cent over the minimum band 1 dealing rate. Between 2003 and October 2008 the Repo rate and then, when it was again renamed, the official bank...
...Bank (1991) SLT 678, Wilson v Dunbar Bank plc (2006) SLT 775 (Outer House...); Wilson v Dunbar Bank plc [2008] CSIH 27 in support of the following propositions: (1) The claimant must plead and prove...
...Brick Co Ltd v Mutual Finance Ltd [1971] Ch 949 and Parker-Tweedale v Dunbar Bank Plc [1991] Ch 12, first, that a mortgagee, although he may e...voluntarily surrender their occupation of the property and this could quite easily turn out to be an extremely messy repossession. We do not know if the Bank have a charge over the fixtures and fittings...newsagent. On 1st November 1995 the appellants ceased to trade at the stores. The shop was closed down and they moved out. On 14th December 1995 the bank repossessed the premises and then instructed two...
...Dunbar Bank plc v Nadeem [1998] 3 All ER 876 at 884H-J: "The remedy of rescission i...Dunbar Bank Plc v Nadeem [1998] 3 All ER 876, 884 H-J which Mummery LJ has already cited. 79. When exercising its equitable.... He repeated his citation to the judge of a passage from the judgment of Roch LJ in TSB Bank Plc v Camfield [1995] 1 WLR 430 at p 438, dealing with the right...
...offer of 2.4m from Dunbar Bank plc ("Dunbar") on 6 September 1996, but that the invoice dated 19 September 1996 had not been paid. There was an alternative quantum meruit claim. 5. This...discussions on 17th September.As you know, the facility procured from my company with Dunbar Bank dated 6th September 1996 has been accepted by you in respect of the project...Finance plc ("WCF") and a property developer, Mr Paul Adler. WCF was the claimant below and is the appellant in this court. Mr Adler was the second defendant below and is the only respondent in this court...
...-Tweedale v Dunbar Bank Plc [1991] Ch 12, a decision of this court dismissing an appeal from Peter Gibson J, as he then was.
28. The crucial point to my mind is that...[1993] AC 295 per Lord Templeman at 315 and Yorkshire Bank plc v Hall...remedy: compare Parker-Tweedale v Dunbar Bank and Marc Rich v Bishops Rock Marine. This was met with the submission that it might well be an answer for the bank to say that...
...Evans Wilson v Dunbar Bank plc [2008] CSIH 27. [48] In the litigation before me the pursuers made reference to the Wilson case in support of their....” (Ronald Evans Wilson v Dunbar Bank plc [2008] CSIH 27 at para 6.) [50] The line of authority detailed above and cited in the cases...analyses of two of the cases cited by the parties in this case, Bank of Credit v Thomson 1987 GWD 10-341 and Dick v Clydesdale Bank plc 1991 SLT 678...
...application was refused. 17. Mr Hussain agreed with Dunbar Bank plc that the land owned by Kempstone should be sold. The land was transferred to the defendant on 29 March 1994. The transferor...land, was mortgaged to Dunbar Bank plc. Architects were instructed to prepare a planning application for the demolition of the existing warehouse and for both parcels of land to be available for...was Dunbar. The bank transferred in exercise of the power of sale conferred by a mortgage. Prior to the transfer, the defendant raised pre-contract general inquiries. By question 4, the defendant had...
...to try" or "a stateable and arguable case." I was also referred to the dicta of Lord Drummond Young in the case of Kipling v Dunbar Bank PLC 212 CSOH 40 at paragraph 12 where he...sources on which I have already commented, namely Burn Murdoch on Interdicts paragraph 143; Lord Drummond Young in Kipling v Dunbar Bank PLC, at paragraph 13; and Deane v Lothian...
...Harvey's application to set aside a statutory demand served on him by the respondent, Dunbar Assets plc (formerly Dunbar Bank plc) ("the Bank"). The District Judge refused permission to appeal, as...by the substantive appeal. In the result the application has been fully argued on both sides by Mr David Schmitz, counsel for Mr Harvey, and by Mr Joseph Curl, counsel for the Bank. 2...based on Mr Harvey's liability under a joint and several guarantee dated 10 March 2008 ("the Guarantee") signed by four guarantors (Mr Harvey, Mr Lenney, Mr Bradley and Mr Trueman) in favour of the Bank...