General Asset Management Ltd t/a Accredo v Ruane or Prisic

Lending and security – Standard security – Enforcement – Recall of decree. Sheriff Court: In proceedings in which the defender sought to recall a decree granted to the pursuer on its summary application under s 24(1B) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (application by creditor in a standard security for warrant to exercise remedies on default), the court held that as the Citizens Advice Scotland employee who represented the defender at the first calling of the summary application was not an 'approved lay representative', she had no authority to appear on behalf of the defender at the hearing and the defender, who apparently did not appear before the court on that date, was not to be regarded as 'represented' at the hearing for the purposes of s 24D(2)(b) of the 1970 Act: accordingly, the minute of recall of decree was competent and should be granted.

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