General Billposting Co., Ltd v. Youde and Others [1910] ScotLR 788 (15 July 1910)

General Billposting Co., Ltd v. Youde and Others [1910] ScotLR 788 (15 July 1910)

A claim of damages for wrongful dismissal can be arrested by a creditor before the servant has made a claim or raised an action, and such arrestment gives the arresting creditor a preference over the sum of damages recovered, as the claim arises at the date of breach and is of a patrimonial nature, not requiring prior constitution by decree.

Citation
[1910] ScotLR 788
Parties
Pursuer: General Billposting Company, Limited; Common Debtor: Robert Youde; Claimant and Reclaimer: Henry Lindon Riley; Claimant and Respondent: Walter Angus Ellis, Official Receiver of the Estate of Robert Youde
Jurisdiction
Scotland
Judgment Date
15 July 1910
Procedural Posture
Multiplepoinding / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor
Outcome
Interlocutor of Lord Ordinary recalled; claim of Henry Lindon Riley sustained; case remitted for further procedure.
Legal Topics
Arrestment, Preference of Creditors, Wrongful Dismissal, Damages, Transmissibility of Claims
Civil Procedure Bankruptcy Contract Law Arrestment Preference of Creditors Wrongful Dismissal Damages Transmissibility of Claims

Case Brief

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Parties

General Billposting Company, Limited

Pursuer

Robert Youde

Common Debtor

Henry Lindon Riley

Claimant and Reclaimer

Walter Angus Ellis, Official Receiver of the Estate of Robert Youde

Claimant and Respondent

Procedural Posture

Multiplepoinding / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a claim of damages for wrongful dismissal can be arrested by a creditor before the dismissed servant has made a claim or raised an action against the employer.
  2. 2 Whether such arrestment gives the arresting creditor a preference over the sum of damages recovered.

Ratio Decidendi

A claim of damages for wrongful dismissal can be arrested by a creditor before the servant has made a claim or raised an action, and such arrestment gives the arresting creditor a preference over the sum of damages recovered, as the claim arises at the date of breach and is of a patrimonial nature, not requiring prior constitution by decree.

Court Disposition

Interlocutor of Lord Ordinary recalled; claim of Henry Lindon Riley sustained; case remitted for further procedure.

Orders

  • Sustained the claim of Henry Lindon Riley.
  • Remitted the case to the Lord Ordinary to proceed as accords.