Banner Image

Legal News

Bank Pays for Broken Promise

A property developer who lost a fortune when his bank pulled the plug and refused to finance his plans to build a luxury home within sight of the Gleneagles golf course will get his money back following a Supreme Court ruling.

The developer bought a building plot from the Gleneagles Hotel with the benefit of a bank loan. He had made it plain to the bank that it should not lend him the purchase money unless it was also committed to funding the development itself. He went through with the purchase after a representative of the bank reassured him during a telephone conversation that his proposal was 'all approved'.

However, the bank subsequently refused to fund construction work on the site and called in the £1,449,660 loan, together with interest. The developer's response was to sue the bank in respect of his loss of profit on the project. A judge upheld his claim on the basis that the bank had entered into a contractual obligation to provide him with development funding of £700,000. That decision was later overturned by an appellate court in Scotland.

In unanimously allowing the developer's appeal against the latter decision, the Supreme Court found that, although the nature of the oral agreement was relatively ill-defined, the bank had made a binding and enforceable promise to fund the development. The original judge's conclusions were open to him on the evidence and his decision should not have been overturned.

For more information or to speak to one of our experts, please call us on 01606 48777

Get in touch

  • "Extremely fair, understanding, caring and knowledgeable in all aspects of family law."

    Mr P
  • "Amazing attitude and caring towards its customers in life's most stressful situations."

    Anonymous
  • "Highly recommend the conveyancing services. Extremely satisfied with the overall level of service provided - kept me informed at every stage, providing good information and advice."

    Heather Woolley
  • "Excellent efficient will-writing service from very friendly staff. Everything explained to us so that we understood it. Fantastic!"

    Jane Imisson
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.