Royal Bank of Scotland v Jamieson

Lending and security – Calling-up of security. Sheriff Appeal Court: Allowing an appeal against a sheriff's decision that the respondents had validly served a calling-up notice in respect of their security, a standard security over the appellant's property, the court held that the respondents' service of the calling-up notice on the Extractor of the Court of Session was invalid as it did not follow on from any of the three conditions referred to in s 19(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970: as the calling-up notice was not served strictly in accordance with the provisions of s 19(6) it rendered the subsequent procedure inept, and the respondents' summary application incompetent.

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