Guernsey Judgment 26/2007 - Bank of Scotland v Henderson and Shales

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Saisie Procedure (Simplification) (Bailiwick) Order, 1952 - bond consented to by joint purchasers - debtors unable to service the loan - no equity in the property - one debtor consented to judgment in favour of the lender - the other debtor could not be traced - held that the lender could not rely upon the standard clause in the bond as to service - related to service of notices and demands on customers of the lender and not to legal process - held also that the standard clause in the bond appointing an officer of the lender as Attorney for the debtors could not be relied upon as the debtors had appeared by an Attorney to consent to the bond - delegatus non potest delegare - order for substituted service under Rule 6 of the Royal Court Civil Rules, 1989