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Moveable Transactions (Scotland) Act 2023

182.Subsection (1)(c) applies where a person has failed, without reasonable cause, to provide information under section 36 of the Act.

  • Example

    Alan has granted an assignation document of certain claims to Bob. The Selkirk Bank is considering whether or not to lend money to Alan, and seeks information from Bob (with the consent of Alan) about which claims are assigned. Bob does not comply with the request, and the bank obtains a court order. Bob still does not comply, and the bank decides not to make the loan. Alan has a claim against Bob for loss suffered due to being unable to obtain a loan from the bank.

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