blemain finance court cases

BFL v Balfour & Manson LLP - the factual position. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. [15] In reaching his decision, the sheriff mentions in his Note that he was influenced by the evidence of Mr Dougan. The proceedings related to an unregulated, interest-only, secured loan for 30,000 that Mrs Charles entered into in August 2006. Blemain Finance. At page 1361 Waller LJ giving the judgment of the court cited the following from Chitty on Contracts: Specific contracts, 27 ed (1994), Vol 2 page 61, para 31-093: "One who expressly or impliedly warrants that he has the authority of another is liable in contract for breach of warranty of authority to any person to whom the warranty is made and who suffers damage by acting in the faith of it, if in fact he had no such authority. that the sheriff had erred in failing to award interest to the pursuer. In the BFL case Messrs Balfour & Manson were instructed by the borrowers to prepare the appropriate standard security, in favour of BFL Both firms of solicitors then engaged with Messrs Mellicks Solicitors, acting for the lenders, in relation to the execution of the standard securities. Details of the short assured tenancy she said would be forwarded to them as soon as possible. He did so at paras 73 and 74 of his opinion by saying that the letter of obligation was collateral to the principal transaction and "could not be enforced if that principal transaction was void (as it was here)" and that, in any event, the pursuers could show no damage flowing from any failure by Longmuir & Company to produce a title encumbered with the standard security "since the standard security referred to in the Letter of Obligation was itself void". [14] In relation to the first ground of appeal for the pursuer, I am not satisfied that the sheriff erred in arriving at the figure of 160,000. He wrote also to the fraudsters at 34 Danube Street including a copy of Mellicks' letter and requested them to contact him in order that he could take their further instructions. The documents were then sent on by Longmuir & Co to the borrowers under cover of a letter addressed to them as Mr and Mrs C Cheetham at 34 Danube Street, Edinburgh. But the judgment did not back her on everything: it said that while Blemain failed to carry out checks regarding how the loan was to be funded in retirement, in breach of official guidance at the time, that does not automatically render the relationship unfair. The fact of entering into the transaction with the professed agent, as such, is good consideration for the promise.". This cookie is set by GDPR Cookie Consent plugin. [20] On 2 November Ms Sinclair responded to Messrs Mellicks letter of 29 September by sending the extract title deeds to them to enable them to prepare the draft standard security. This is a specific type, in fact probably the original type, of collateral contract: the agent offers to warrant his authority in return for the third party's dealing with his principal.". Search by state or ZIP code, Look up contributions from specific individuals, Find and contact your committee's analyst. [19] In contrast, the arguments advanced by Mr Allison in furtherance of the second ground of appeal for the pursuer were, in my view, well-founded. Consumer Reclaim Ltd is registered in England and Wales, Company Registration number: 07223077. Upon receipt of that letter Mr Longmuir wrote to Mellicks confirming that he was taking his clients instructions. On or about 29 September BFL instructed Messrs Mellicks to act in relation to the proposed loan and security documentation. On 30 November Mr Cheetham brought an electricity bill and driving licence as proof of identity to Mr Longmuir's office. The technology to maintain this privacy management relies on cookie identifiers. As in the CMC transaction the "borrowers" subsequently disappeared, the standard security has proved to be a nullity and no recovery has been made of the sums advanced by BFL. Charles said it was the broker who suggested those words be put down in order to help get the loan through easier. However, you may visit "Cookie Settings" to provide a controlled consent. All information will be held in accordance with data protection requirements. These cookies ensure basic functionalities and security features of the website, anonymously. (1) (a) The small claims track is intended to provide a proportionate procedure by which most straightforward claims with a financial value of not more than 10,000 can be decided, without the need for substantial pre-hearing preparation and the formalities of a traditional trial, and without incurring large legal costs. Registered office: Cornelius House, 178-180 Church Road, Hove, East Sussex BN3 2DJ. The award of damages is entirely separate from any indebtedness said to be due to the defenders. When the impostor was introduced to it as a prospective client, it carried out certain checks in order to satisfy itself that he was the person whom he represented himself to be, that he lived at the address at which he claimed to be living and that he was indeed the registered proprietor of the property at 17 Richards Place. A modern statement of the position in Scotland is to be found in the current edition of Gloag and Henderson The Law of Scotland (12th Edition) at para 19.26 where the following can be found: "If he (the agent) honestly thought he had the principal's authority, as where an auctioneer, by mere mistake, sold a horse which was not for sale (Anderson v Croall (1903) 6F 153), or solicitors believed that they were representing a trust when in fact there were no trustees (Scott v J.B Livingston and Nicol 1990 SLT 305) the agent will incur liability on the theory that an agent impliedly warrants that he has the authority of the principal whom he names, and is liable in damages for breach of that warranty if it turns out that he has no authority. In the common case, where the principal refuses to accept liability, the right of action against the agent for breach of his warranty will be an effective substitute for the loss of any right of action against the principal". As already indicated Scots and English law reach the same result in such questions albeit, perhaps, on occasions using different terminology or concepts. He also seemed to have placed weight upon the fact that the figure of 160,000 equated to the figure specified in a Market Appraisal dated 13 August 2009 prepared on behalf of Aberdein Considine. As previously noted, on 30 November 2004, Messrs Mellicks wrote to Longmuir & Company enclosing the loan cheque which was to be held as undelivered pending confirmation that Longmuir & Company had the executed documentation from the borrowers and that they would deliver that documentation along with the title deeds and their letter of obligation by return. This situation has affected my mental and emotional health, my credit file is ruined, and the funds I expected for my retirement are now also affected.. (It should be noted that while the substantive law in both England and Scotland is the same in its effect the English tend to classify the liability as resulting from a collateral contract and the English system has also been concerned with judging as to whether there was consideration in respect of it, a factor that does not trouble the law of Scotland. [37] Although the obligation assumed in the Cheshire Mortgage letter of obligation was much wider, both in terms of its duration and the content of the obligation, than is normally the case, it was plainly written and delivered as a letter of obligation ancillary to the mortgage transaction being settled on the date of its delivery. I did not understand his argument to the effect that the sheriffs discretion in this matter was not to be taken as entirely unfettered to be the subject of any challenge. That is made clear in Bowstead and Reynolds at para 9-066 where the writers state: "The basic warranty is only that the agent has authority from his principal: this is something particularly within the agent's knowledge. In that letter the following appeared: "Once the loan monies are received these are to be paid over to complete our purchase of property in Spain. The agency also defends suits contesting its dismissals of administrative complaints, petitions for review of Commission decisions regarding the presidential public funding program and civil suits challenging the constitutionality of provisions of the Federal Election Campaign Act . It must be well aware of the commercial risks involved in making such loans, including the risk of fraud and, in particular, identity theft. [16] Mr Allison also founded upon the case of Wilson. The cookie is used to store the user consent for the cookies in the category "Performance". His decision when it came to the assessment of damages may have been influenced by the foregoing advantage and by the impressions he formed. They lend both to individuals. The Particulars of Claim estimated the claim to be up to 21,325.67. Moreover, it was, he argued, clear that the sheriff had placed reliance upon Mr Dougans expert testimony when it came to the proposition that a sum greater than 150,000 ought to have been achievable with the passage of further time. Accordingly, it was argued on behalf of the defenders that the pursuer, on the evidence, ought to have failed when it came to the merits of the action. (2) Every person who purports to act as an agent is deemed by his conduct to represent that he has in fact been duly authorised so to act, except where the purported agent expressly disclaims authority or where the nature and extent of his authority, or the material facts from which its nature and extent may be inferred, are known to the other contracting party". FEC cases are listed alphabetically with links to summaries and (for some cases) court opinions and other documents. Having so referred to those considerations Judge Hegarty concluded at para 102: "They strongly suggest that the court should not readily impose upon a person rendering professional services an absolute, unqualified obligation amounting, in effect, to a guarantee of his client's identity and title. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". [3] In the CMC case Messrs Longmuir & Co were instructed by the borrowers to prepare the appropriate standard security in favour of CMC in return for CMC lending money to them. Any discretion vested in the court did not extend to reliance upon a factor which, for the foregoing reason, was not properly before it. Registered in England and Wales. The proposed security subjects were free of any other mortgage or standard security. 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