Friels Solicitors

UDDINGSTON: 01698 815114 COATBRIDGE: 01236 421136


Some of our high profile cases:-

Donnelly versus Royal Bank of Scotland PLC
Mrs Donnelly entered into a trust deed, was discharged from the trust deed and then made a Payment Protection Insurance claim against the bank. The bank fought the case all the way to the Supreme Court but were unsuccessful. The principle of law that was determined was that the Discharge from a Trust Deed discharged the debtor completely. When she was aware a claim became available she made the application to the bank after the date of discharge and eventually was paid after litigation.

Royal Bank of Scotland plc versus Donnelly
In a separate action the Royal Bank of Scotland attempted to undo the discharge (mentioned above). While the court said that it was competent to take action for reduction to reduce any deed the action of reduction is an equitable remedy and it would not have been equitable standing the procedure that may have to be incurred and after five years for Mrs Donnelly to be made bankrupt again in view of the fact that she had moved on with her life, purchased a house, was financially stable, and was in employment (which required a fiduciary bond).

Bank of Scotland versus Smith
Mrs Smith jointly owned a property with her husband. Her husband required banking facilities for his business. To provide the facilities the bank required a StandardSecurity over the property. Mrs Smith was not legally advised, but was simply told by the bank and her husband that she had to sign, which she did. This case opened up a new chapter in civil law and commercial law regarding the necessity of advice when signing a document.