Andrew Robert Lang and Francine Montgomery Lang against Jamie Rowatt & Laura Rowatt
| Jurisdiction | Scotland |
| Court | Sheriff Court |
| Judge | Sheriff Derek Livingston |
| Judgment Date | 03 March 2025 |
| Neutral Citation | [2025] SC AIR 14 |
| Date | 03 March 2025 |
| Published date | 13 March 2025 |
| Docket Number | AIR-A24-24 |
SHERIFFDOM OF SOUTH STRATHCLYDE, DUMFRIES AND GALLOWAY
AT AIRDRIE
[2025] SC AIR 14
AIR-A24-24
JUDGMENT OF SHERIFF DEREK LIVINGSTON
in the cause
ANDREW ROBERT LANG and FRANCINE MONTGOMERY LANG
Pursuers
against
JAMIE ROWATT
First Defender
LAURA ROWATT
Second Defender
Pursuers: Mitchell, Advocate; Miller Samuel
Defenders: Carlin; Friels
AIRDRIE, 3 March 2025
The sheri, having resumed consideration of the cause, nds the following facts to be
admied or proved:
1. The rst pursuer is Andrew Robert Lang. The second pursuer is
Francine Montgomery Lang. They are husband and wife. They reside together
in Lancashire.
2. The rst defender is Jamie Rowa. The second defender is Laura Rowa. They
are husband and wife. They presently reside sometimes in Airdrie and, from
time to time, in Spain.
2
3. The defenders resided at the address in Airdrie and did so for a period of
3 months immediately preceding the raising of the court action.
4. There is no agreement to prorogate the jurisdiction of any other court in respect
of the subject maer of the action. There are no proceedings pending or taking
place or elsewhere in respect of the maers raised in this action.
5. The actings of the rst named pursuer in respect of the maers raised in this
case were throughout on behalf of the second named pursuer as well as himself
and were carried out with her authority. Similarly, the rst defender acted on
behalf of the second defender as well himself in respect of the maers raised in
this action and with her authority.
6. The rst pursuer and the rst defender rst met in 2014 when both worked in
the energy sector. They became friendly as well as developing a business
relationship. Both pursuers were invited to the defenders’ engagement party at
which few nonfamily members were present. The rst pursuer and his son
were hosted by the rst defender at various sporting events. The pursuers sent
gifts to the defenders when the defenders’ children were born and received
gifts from the defenders when the pursuers’ grandchildren were born.
7. In July 2016 the rst defender approached the pursuers regarding
lending/investing £160,000 to fund a building project of eight houses at
Earlston Crescent Carnbroe. He indicated the houses were in some cases to be
purchased by family and friends. The monies would be secured and securities
granted by both defenders. The pursuers entirely trusted the defenders and
agreed in principle to do this.
3
8. The defenders, at various points in time, were the directors of the company
Kingston Residential Investments Limited (“Kingston”). The second defender
was a director as of 13 July 2016 and the rst defender became a director in
May 2018.
9. On Monday 11 July 2016 (production 5/3/22) the rst named defender, by
email, instructed the Glasgow Law Practice (“GLP”) regarding the provision
of £160,000 of nance to come from the pursuers to fund the Earlston Crescent
project in return for which 2 payments of £105,000 each would be made to the
pursuers from the sales of the nal two plots and asking for agreement to be in
place as soon as possible since “we are looking to conclude on Friday”. His
email instructing his solicitor was in part copied and pasted from an email
from the rst pursuer. The instruction stated the £160,000 was to be paid to the
account of Kingston and that the “arrangement will be satised by two
payments of £105,000 respectively, paid directly by yourselves from the sales of
each of the two nal plots completed”. The rst defender designed himself as
“Director Optimize UK” and used an email address containing “optimize”.
10. The “yourselves” had been copied from the rst pursuer’s previous email. He
was unaware until provided with a copy of 5/3/22 at the time of the
involvement of Kingston. The word “yourselves” referred to the defenders.
11. On 13 July 2016 GLP, on the instructions of the defenders, sent a leer to the
First and Second Named pursuers, Andrew Robert Lang and Francine Lang on
the defenders’ and Kingston’s behalf (5/1/4)
12. The rst defender was not a director of Kingston in 2016, but the second
defender held that oce at the time of the leer.
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