Big Claim aginst RBOS

[Sparkie1723]

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[Sparkie1723]

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[Sparkie1723]

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[Sparkie1723]

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[Monty2007]

Dear Sparkie

Just spent about 2 hrs reading your thread which I found quite amazing. Well done for not giving up and progressing even after you had been unfairly treated in Court. Best of luck, you WILL WIN!

Kind regards

Monty

[Sparkie1723]

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spelling

[Sparkie1723]

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[Yanni]

Hi Sparkie, altho Scots Law, you may be interested in this

 

Lowlands to Low Country: Perspectives on the Scottish and Dutch Law of Unjustified Enrichment, vol. 5.1_

 

in particular the latin bit below

 

2.2.2 Recent developments: Towards a general action for unjustified enrichment

 

Since at least 1985,(21) there has been a renewed interest in enrichment law in Scotland. This interest has produced two main results. First, there has been a proliferation of suggested new classifications for the law of Scotland. Second, there has been judicial development of the law.

There is as yet no agreement amongst academics as to how Scots enrichment law should be reclassified. Eric Clive, formerly of the Scottish Law Commission, has produced a draft Code of Unjustified Enrichment. Niall Whitty, also formerly of the Scottish Law Commission, has suggested a reclassification along the lines of the Wilburg/von Caemerer taxonomy. Professor Hector MacQueen and David Sellar of the University of Edinburgh have argued that Scots law has a general enrichment action at common law, under the guise of the action of recompense. Unless Clive's promotion of a civil code bears fruit, however, then development in this area will have to come via the case law of Scotland. To that end, the development of recompense as a general action may provide the avenue with the most prospects of success.

Judicial development of the law has been in the direction of the development of a general action. There has been no abandonment thus far by the Scottish courts of the traditional 3 Rs. There has, however, been a renewed emphasis by the courts on the fact that a general principle of unjustified enrichment underlies the various actions of the law.

[and especially

This principle has been restated in several recent cases(22) by the maxim nemo debet locupletari ex aliena jactura,(23) which is to say, no one is entitled to gain at the expense of another's loss. if you see what I mean]

Lord Hope in Morgan Guaranty, having provided the definition of the 3 Rs given above, continued:

But the important point is that these actions are all means to the same end, which is to redress an unjustified enrichment upon the broad equitable principle nemo debet locupletari aliena jactura.(24)

In a similar vein, Lord President Rodger in a subsequent case said:

repetition, restitution, reduction and recompense are simply examples of remedies which the courts grant to reverse an unjust enrichment(25)

and also that

at the most general level the pursuer's case depends on the defender's alleged unjust enrichment at her expense.(26)

Whilst it is thus clear that the judiciary is now championing the recognition of a general principle remedying unjustified enrichment, it is unclear whether such principle will bear fruit as simply a broad foundation underlying the various Scots remedies, or whether the Courts will go further and recognise the existence of a general action for unjustified enrichment.

[Sparkie1723]

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[Sparkie1723]

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[yaffsimone1]

Sparkie...what is the next move with this, have you got to go back to court or wait to see the police or your MP come up with?

[Sparkie1723]

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[auriol]

Keep going, Sparkie, we're all behind you, and you know you're doing the right thing.

[Sparkie1723]

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[auriol]

I wish I could do something more concrete to help, but I'm new to all this, so virtual tea and sympathy is all I have at the moment.

 

If it helps, you're inspiring a lot of your readers!

[Sparkie1723]

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[Sparkie1723]

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[gingershoese]

Hi Sparkie,

 

Just to let you know I am still in awe of your commitment and watching... Any thing I can do let me know - Good Luck!!!

 

Ginger

[Sparkie1723]

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[Sparkie1723]

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[paulwlton]

I can't wait for the response from Sir Freddy. Believe it or not Sparkie i know a peer (Lord) reasonably well, i wonder if i ought to get in touch regarding my case.

 

Paul

[Sparkie1723]

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[paulwlton]

Sparkie, what makes my blood boil is the arrogance of these rogues, the contempt they show regarding the Law. Then again there's no wonder the powers that be turn a blind eye.

 

Paul

[Sparkie1723]

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