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15
May
2009
2009
Important Appeal Decision in respect of the Conveyancing and Feudal Reform (Scotland) Act 1970
Roddy McIlvride of Terra Firma Chambers appeared for the successful pursuers and appellants in The Royal Bank of Scotland plc v Wilson [2009] CSIH36 in which the Inner House held that ejection is a remedy open to the creditor in a standard security when the debtor is in default within the meaning of section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970, and that the remedy is not restricted to circumstances where the creditor has served a notice of calling up of the standard security.The court also considered the formal requirements, and legal consequences, of a certificate under the Act amounting to prima facie evidence of default.