Chalk dust in the law of inhibition

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MacLeod, J. (2009)

A discussion of the time at which an inhibition takes effect by reference to their character and traditional method of execution.
  • References (29)
    29 references, page 1 of 3

    5 Paras 15, 18. See OBG at paras 174-180 per Lord Nicholls of Birkenhead.

    6 See, most recently, Advice Centre for Mortgages v McNicoll [2006] CSOH 58, 2006 SLT 591 and Gibson v Royal Bank of Scotland [2009] CSOH 14.

    7 See e.g. S Wortley, “Double sales and the offside trap: some thoughts on the rule penalising private knowledge of a prior right” 2002 JR 291; R G Anderson, Assignation (2008) paras 11-04-11-30; D L Carey Miller with D Irvine, Corporeal Moveables in Scots Law, 2nd edn (2005) para 8.31.

    8 But cf Gibson v Royal Bank of Scotland [2009] CSOH 14 at para 43 per Lord Emslie.

    9 Cf Gibson v Royal Bank of Scotland at paras 44-47 per Lord Emslie.

    10 K G C Reid, The Law of Property in Scotland (1996) para 695.

    11 Advice Centre for Mortgages v McNicoll 2006 SLT 591 at paras 47-48. Lord Drummond Young held that there was no such breach where X's right was a mere option to purchase in a lease. It could be argued, however, that a grant to Z in such circumstances is anticipatory breach. See Synge v Synge [1894] 1 QB 466; Omnium d'Enterprise v Sutherland [1919] 1 KB 618; Universal Cargo Carriers Corp v Citati (No 1) [1957] 2 QB 401; W M Gloag, The Law of Contract, 2nd edn (1929) 600-601; H Beale (ed), Chitty on Contracts, 29th edn (2004) paras 24-028-24-030; G H Treitel, The Law of Contract, 12th edn by E Peel (2007) para 17-075.

    12 Advice Centre for Mortgages at para 45 per Lord Drummond Young.

    13 See Gibson v Royal Bank of Scotland [2009] CSOH 14 at para 40 per Lord Emslie.

    14 OBG emphasised that this, rather than the protection of economic interests, lies at the heart of inducing breach of contract: OBG Ltd v Allan [2008] 1 AC 1 at para 8 per Lord Hoffmann.

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