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Contract – Intention to create legal relations. The appellant property developer appealed against a decision of the Second Division of the Inner House of the Court of Session that, on an objective assessment, the respondent Royal Bank of Scotland plc had not intended to enter into a legally binding promise to advance sums in the future to the appellant to purchase a development plot and to fund its development. The Supreme Court allowed the appellant's appeal, deciding that there had been a reasonable basis for the Lord Ordinary's finding that, on an objective analysis, the bank had made such a legally binding promise. Consequently, there was no adequate basis for overturning the Lord Ordinary's findings of fact.
Contract – Intention to create legal relations. The appellant property developer appealed against a decision of the Second Division of the Inner House of the Court of Session that, on an objective assessment, the respondent Royal Bank of Scotland plc had not intended to enter into a legally binding promise to advance sums in the future to the appellant to purchase a development plot and to fund its development. The Supreme Court allowed the appellant's appeal, deciding that there had been a reasonable basis for the Lord Ordinary's finding that, on an objective analysis, the bank had made such a legally binding promise. Consequently, there was no adequate basis for overturning the Lord Ordinary's findings of fact.
Chair of the Bar reports back
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