Promontoria (henrico) Limited Against The Firm Of Portico Holdings (scotland) And Linda Arthur
| Jurisdiction | Scotland |
| Judge | Sheriff Derek J Hamilton |
| Neutral Citation | [2018] SC GRE 5 |
| Court | Sheriff Court |
| Date | 24 August 2017 |
| Docket Number | B117-16 |
| Published date | 08 February 2018 |
SHERIFFDOM OF NORTH STRATHCLYDE AT GREENOCK
[2018] SC GRE 5
B117-16
JUDGMENT OF SHERIFF DEREK J HAMILTON
In the cause
PROMONTORIA (HENRICO) LIMITED
Pursuer
Against
THE FIRM OF PORTICO HOLDINGS (SCOTLAND)
First Defender
and
LINDA ARTHUR
Second Defender
Pursuer: Ms Ower, Counsel, instructed by HBJ Gateley, Solicitors, Edinburgh
Defenders: Mr Thomson, Solicitor, Glasgow
GREENOCK: 24 August 2017
The Sheriff, having resumed consideration of the cause, Repels the first and second pleas-in-
law for the First and Second Defenders; Sustains the first and second pleas-in-law for the
Pursuer; Sustains pleas-in-law three, four and five for the Pursuer; and thereafter, in terms
of Crave 1, Finds and Declares that in respect that Calling Up Notices dated 15 December
2015, have been served by the Pursuer and have not been complied with pursuant to the
following Standard Securities: ………
the Pursuer is entitled (in conjunction with the warrant in terms of Section 24 of the
Conveyancing and Feudal Reform (Scotland) Act 1970 as hereinafter craved) by virtue of
Section 20(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, to sell the said
heritable subjects registered in the Land Register of Scotland under Title Numbers ……….
(the “Security Subjects”) and to exercise in relation to the said Security Subjects all other
2
powers competent to a creditor in lawful possession of security subjects by virtue of the
(2) Grants warrant to the Pursuer in terms of Section 24 of the Conveyancing and Feudal
Reform (Scotland) Act 1970 to exercise the remedies set out in standard condition 10 of
Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970 in respect of the
Security Subjects;
(3) Grants warrant to Officers of the Court in terms of Section 5 of the Heritable Securities
(Scotland) Act 1894 to summarily eject the Defenders, their family, dependents, tenants or
sub-tenants, servants, employees and others, with their goods, gear and effects from the
Security Subjects; and to make the same void and red that the Pursuer or others in the
Pursuer’s name may enter thereon and peaceably possess the same;
(4) Finds the Defenders liable to the Pursuer in expenses of the cause as taxed; Certifies the
cause as suitable for the employment Junior Counsel; In terms of the Act of Sederunt (Fees
of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 as amended;
Allows the Defenders’ solicitor an increase in fees of 25 per cent.
Note:
[1] This is a Summary Application, in which the Pursuer seeks a declarator that it is
entitled to enter into possession of various properties, all as detailed in Crave 1 of the
Application, and to exercise in relation to those properties all powers competent to a
heritable creditor, including the power of sale.
[2] The Second Defender, Linda Arthur, was a partner and trustee of the First Defender,
the firm of Portico Holdings (Scotland). The Second Defender, along with her husband
(now deceased), had granted a number of securities as partners and trustees of the firm of
Portico Holdings (Scotland) in favour of Clydesdale Bank plc (“the Bank”). The Second
Defender had also granted two securities in favour of the Bank in her own right.
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