Three Court of Session judges yesterday refused to allow Royal Bank of Scotland to proceed with an appeal against a landmark judgment in favour of a property developer because he was without legal representation.
The Lord Justice Clerk, Lady Dorrian and Lord Bracadale deferred the hearing until July 9 after Derek Carlyle put forward a motion for delay, to allow him to appeal against a decision issued a week ago by the Scottish Legal Aid Board (SLAB) to refuse him legal aid.
RBS had lodged objections with the SLAB, and had also warned it would seek costs if the SLAB failed to give its decision in time for yesterday's hearing.
The bank's junior counsel, Alastair Duncan, QC, opposed the motion for delay and asked that Mr Carlyle should represent himself.
RBS has appointed the Dean of Faculty, Richard Keen, QC.
RBS is appealing against the judgment by Lord Glennie in January 2010 that the bank breached a contractual obligation when it withheld £700,000 of funding.
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