NRAM v Cordiner and another

Lending and security – Standard security – Enforcement – Recall of decree – Availability of recall procedure. Sheriff Appeal Court: Refusing an appeal in an action in which the pursuer sought to exercise its rights under a standard security granted by the appellant and her husband, following their failure to comply with the requirements of calling up notice, and in which the appellant appealed against a sheriff's interlocutor refusing her minute craving recall of the decree granted against the defenders, the court held that the recall procedure available under the Conveyancing and Feudal Reform (Scotland) Act 1970 was not available to a defender who had previously participated in the court action but was not present at the hearing at which decree was granted, and the sheriff was correct to hold that the appellant was not a person who 'did not appear and was not represented in the proceedings on the application' within the meaning of s 24D(2)(b).

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