Dickens v Anderson and another

Inhibition – Restriction of inhibition – Breach of contractual or other duty. Court of Session: Granting decree of absolvitor in an action in which the pursuer sought payment of £2m by the defenders in respect of damages for losses he allegedly sustained as a consequence of the first defender's failure to secure the partial discharge of an inhibition, the court found that neither defender undertook any contractual obligation or made any representation to the pursuer in relation to the restriction of an inhibition over his property during a telephone conversation on 21 November 2008 between the first defender and the pursuer's intermediary, and the reason for Woolwich Building Society's decision in January 2009 to withdraw their offer to lend to the pursuer was not because of the existence of the inhibition: consequently the pursuer's case against both defenders must fail.

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