MacDonald v Clydesdale Bank plc

Lending and security – Duty of care – Misrepresentation – Limitation of actions – Prescription. Sheriff Court: Dismissing an action in which a property developer who obtained finance from a bank claimed that, owing to a misrepresentation in negotiations in 2009, he was induced to act in a way that caused him loss, arguing that the defender was in breach of a duty of care not to make inaccurate or misleading statements and in breach of a duty to correct the misrepresentation, the court held that the pursuer's pleadings satisfied the legal requirements for pleading a case of breach of a duty of care, however on the basis of Gordon v Campbell Riddell Breeze Paterson LLP his claim had prescribed.

Category: