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Bank of Scotland v Fernand

Language: English Series: Greens Housing Law Reports ; 1997 HousLR 65-69(5)Publication details: 1997Subject(s): Summary: Sheriffdom of Strathkelvin and Glasgow at Glasgow. Sheriff Principal N D MacLeod, QC. 4 April 1997. Heritable property - standard security - heritable creditor - creditor`s right to exercise remedies on default by debtor - right to apply to court for warrant to exercise remedy - whether competent to seek declarator of right to remedy without obtaining warrant to exercise remedy - Conveyancing and Feudal Reform (Scotland) Act 1970 (c35), s24. Process - pleaading - competency - statutory right of heritable creditor to apply to court for warrant to exercise remedy on default - whether competent to seek declarator of right to remedy without obtaining warrant to exercise remedy.

Sheriffdom of Strathkelvin and Glasgow at Glasgow. Sheriff Principal N D MacLeod, QC. 4 April 1997. Heritable property - standard security - heritable creditor - creditor`s right to exercise remedies on default by debtor - right to apply to court for warrant to exercise remedy - whether competent to seek declarator of right to remedy without obtaining warrant to exercise remedy - Conveyancing and Feudal Reform (Scotland) Act 1970 (c35), s24. Process - pleaading - competency - statutory right of heritable creditor to apply to court for warrant to exercise remedy on default - whether competent to seek declarator of right to remedy without obtaining warrant to exercise remedy.