In response to requests, having regard to our public legal education ethos, and considering the wider potential public interest and the need for advisers to consider the potential need to protect the interests of their own clients, Govan Law Centre (GLC) is making its competency arguments in the test cases of NRAM v. Millar and RBS plc v. McConnell publicly available for free (see below).
The decision of Sheriff Deutsch in the said test cases is expected sometime in February 2012, and advisers will need to consider what steps, if any, they may wish to take to safeguard the interests of their own clients pending the outcome of that judgment, and any implications and developments that may arise following thereon.
GLC's arguments are presented in the format of an illustrative set of Defences (known as 'Answers' as repossession procedure in Scotland is now by way of summary application procedure). Please note the disclaimer, namely that this document contains information only and does not constitute legal advice; you should obtain your own independent qualified legal advice from a Scots law practitioner and must not rely upon this document which is illustrative only.
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