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MORTGAGE ARREARS AND REPOSSESSIONS IN SCOTLAND
Annex Three: Court research: detailed findings
Table A3.1 Outcomes and locations of defended cases
Defender Solicitor | Location | Decree |
Wright Johnston & Mackenzie | Edinburgh | Dismissed no Expenses due to or by either Party |
William Armour & Son | Glasgow | Defender Assoilzies/No Expenses |
Turner MacFarlance Green | Edinburgh | |
Turner MacFarlance Green | Edinburgh | For Pursuer (Undefended) |
Tilston MacLaurin | Glasgow | For Pursuer (Defended) |
Tait & MacKenzie | Falkirk | |
T A Gifford | Edinburgh | For Pursuer (Defended) |
Somerville & Russell | Edinburgh | Blank |
Sandemans | Falkirk | Dismissed |
Russell Gibson McCaffrey | Glasgow | For Pursuer (Defended) |
Russel & Aitken (Falkirk) | Falkirk | For Pursuer |
Russel & Aitken (Falkirk) | Falkirk | |
Ross Harper and Murphy | Glasgow | By Default |
Robin Thomson & Partners | Glasgow | For Pursuer (Defended) |
R Gordon Marshall | Falkirk | absoluitor no exps |
Peterkins | Glasgow | For Pursuer (Defended) |
Peterkins | Aberdeen | Dismissed (Defended) |
Peter T McCann & Co | Glasgow | For Pursuer (Defended) |
Party Case | Edinburgh | For Pursuer |
Party Case | Edinburgh | For Pursuer |
Party Case | Edinburgh | For Pursuer |
Party Case | Edinburgh | For Pursuer (Defended) |
Party Case | Edinburgh | For Pursuer |
Party Case | Edinburgh | For Pursuer |
Nelsons | Falkirk | Dismissed with Expenses |
Menzies Dougal | Edinburgh | Decree in absence(by default) |
McNivens SSC | Edinburgh | For Pursuer (Defended) |
McNivens SSC | Edinburgh | For Pursuer (Defended) |
McNair, Clyde & Ralston | Glasgow | For Pursuer (Defended) |
McKay Norwell | Edinburgh | Blank |
McCusker, Mackie & Co | Glasgow | By Default |
Marshall Wilson (Grangemouth) | Falkirk | For Pursuer (Defended) |
Maitlands (Greenock) | Falkirk | For Pursuer (Defended) |
MacMillans | Falkirk | Defended (no date) |
MacDonald, McCormick & Guisti Martin | Glasgow | By Default |
MacBeth Currie | Edinburgh | For Pursuer (Undefended) |
Lyons Lang | Glasgow | Dismissed |
Lovells WS | Edinburgh | For Pursuer (Defended) |
LINDSAYS | Glasgow | |
Levy & McRae | Edinburgh | |
Leslie Deans & Co | Edinburgh | For Pursuer (Defended) |
Legal Services Agency Ltd | Glasgow | No Date Given/NID Lodged 31/03/94 |
Ledingham & Chalmers | Aberdeen | Dismissed (Defended) |
l Sutherland | Aberdeen | For Pursuer (Defended) |
L Love & Co | Falkirk | For Pursuer (Defended) |
Ketchen & Stevens WS | Edinburgh | For Pursuer (Defended) |
Ketchen & Stevens WS | Edinburgh | For Pursuer |
James Turnbull & Co | Falkirk | Dismissed |
J A Hastie | Edinburgh | For Pursuer (Defended) |
Ian Smith & Co | Aberdeen | For Pursuer (Undefended) |
Hughes McVey | Glasgow | For Pursuer (Defended) |
Hughes Dowdall | Glasgow | Dismissed |
HBM Sayers | Glasgow | For Pursuer (Defended) |
Haig-Scott & Co WS | Edinburgh | Settled extra-judicially |
Guarino & Kirk | Glasgow | For Pursuer (Defended) |
Grays | Edinburgh | Blank |
Grant Dewar | Glasgow | For Pursuer (Defended) |
Grant Dewar | Glasgow | For Pursuer (Defended) |
Grant & Wylie for 1st and 2nd Defenders | Glasgow | For Pursuer (Defended) |
Graham Walker for 1st defender | Glasgow | For Pursuer (Defended) |
Graham Marr & McLauchlan | Falkirk | Defended (no date) |
Gibson & Kennedy | Falkirk | For Pursuer (Defended) |
George Mathers & Co | Aberdeen | Sist ? |
Gair & Gibson Incorporating KJ Douglas & Co. | Falkirk | sist granted for parties to negotiate a settlement |
Friels | Glasgow | No Date Given/NID Lodged 16/02/94 |
Fleming and Reid | Glasgow | No Date Given |
Fleming and Reid | Glasgow | For Pursuer (Defended by first defender only) |
Fleming and Reid | Glasgow | For Pursuer (Defended) |
Fielding McLean | Glasgow | No Date Given |
Erskine McAskil | Edinburgh | For Pursuer (Defended) |
Elder, McKenzie & Co | Edinburgh | Dismissed |
David Johnson & Co | Edinburgh | Dismissed |
Clark Ferguson | Edinburgh | Blank |
Catlemilk Law Centre | Glasgow | For Pursuer (Defended) |
Cannons | Falkirk | |
Cannon, Orpin & Murdochs | Glasgow | Dismissed |
Burnett Christie | Edinburgh | Blank |
Burnett and Reid | Aberdeen | For Pursuer (Defended) |
Brophy & Company | Falkirk | |
Blacklock Thorley Solicitors | Edinburgh | |
Blackadder & McMonagle | Falkirk | By Default |
Bishop and Robertson Chalmers | Glasgow | No Date Given |
Biggart Baillie (Edinburgh) | Falkirk | |
Beltrami & Co | Glasgow | No Date Given/NID Lodged 17/03/94 |
Balfour & Manson | Edinburgh | For Pursuer (Undefended) |
Balfour & Manson | Edinburgh | For Pursuer (Defended) |
Balfour & Manson | Edinburgh | For Pursuer (Defended) |
Andersons | Edinburgh | Blank |
Andersons | Edinburgh | For Pursuer |
Anderson Fyfe | Glasgow | 1st def-Absolviter; 2nd def-Default |
Allan McDougall & Co | Edinburgh | |
Allan Grant | Falkirk | |
Alexander & Martin | Falkirk | For Pursuer (Defended) |
A3.1 Further detail on the length of repossession court cases is contained next.
Table A3.2 Length of repossession court cases
| Frequency | Valid Percentage | Cumulative Percentage |
Under 4 weeks | 200 | 7.1 | 7.1 |
4 weeks-8 weeks | 1787 | 63.6 | 70.7 |
8 weeks - 12 weeks | 456 | 16.2 | 86.9 |
12 weeks - 16 weeks | 170 | 6.0 | 93.0 |
4-5 months | 62 | 2.2 | 95.2 |
5-6 months | 48 | 1.7 | 96.9 |
6-12 months | 70 | 2.5 | 99.4 |
Over 1 year | 18 | .6 | 100.0 |
Total | 2811 | 100.0 | |
Cases with end date missing | 852 | | |
Total | 3663 | | |
A3.2 An examination of outcomes by the number of months the case took showed a significant difference between the outcomes of short and long cases. Cases that lasted longer than 2 months were significantly less likely to have an outcome that was in favour of the pursuer (see Table A3.3).
Table A3.3 Case outcome by length of court case
| Under 4 weeks | 4-8 weeks | 8-12 weeks | 12-16 weeks | 4-5 months | 5-6 months | 6-12 months | Over 1 year |
For Pursuer
% within time of court case | 99.0% | 99.4% | 99.6% | 93.5% | 88.7% | 91.7% | 94.3% | 66.7% |
Not granted
% within time of court case | 1.0% | .6% | .4% | 6.5% | 11.3% | 8.3% | 5.7% | 33.3% |
A3.3 In order to analyse this further the variation in case duration between courts was investigated (Table A3.4).
Table A3.4 Variation in case duration between Courts
| Aberdeen | Edinburgh | Falkirk | Glasgow |
Under 4 weeks | 12.5% | 10.2% | 8.1% | 3.7% |
4 weeks-8 weeks | 51.8% | 63.9% | 62.8% | 66.6% |
8 weeks - 12 weeks | 14.7% | 15.0% | 15.4% | 17.5% |
Over 12 weeks | 21.1% | 10.9% | 13.7% | 12.2% |
A3.4 There are significant differences between the time distributions of the cases in the four courts. Glasgow Sheriff Court is most likely to have cases that run between one and two months but least likely to have cases that run in under a month. Aberdeen is most likely to have cases that take over 4 months. Cases were least likely to be abandoned in Aberdeen, and most likely to be abandoned in Glasgow.
Table A3.5 Outcome by Court
| Aberdeen | Edinburgh | Falkirk | Glasgow | Total |
Abandoned | 8.0% | 20.2% | 17.1% | 24.3% | 20.4% |
Defended decree | 18.1% | 3.2% | 17.5% | 4.2% | 6.8% |
Undefended | 73.9% | 76.5% | 65.4% | 71.6% | 72.8% |
Total | 100.0% | 100.0% | 100.0% | 100.0% | 100.0% |
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