Macbean v. West End Clothiers Co., Ltd [1918] ScotLR 497 (19 February 1918)

Macbean v. West End Clothiers Co., Ltd [1918] ScotLR 497 (19 February 1918)

The court exercised its discretion to extend the time for finding caution for expenses and to limit the amount to £300, reserving the pursuer's right to seek further caution if necessary, in light of the defenders' circumstances and the need to ascertain English law regarding the receiver's authority.

Citation
[1918] ScotLR 497
Parties
Pursuer: Duncan Alexander MacBean; Defender: West End Clothiers Company, Limited
Jurisdiction
Scotland
Judgment Date
19 February 1918
Procedural Posture
Petitory Action / Interlocutory Order on Caution for Expenses
Outcome
Interlocutory order granting extension of time and limiting caution for expenses
Legal Topics
Caution for Expenses, Receiver and Manager, Liquidation, Extension of Time, Limitation of Caution
Civil Procedure Company Law Caution for Expenses Receiver and Manager Liquidation Extension of Time Limitation of Caution

Case Brief

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Parties

Duncan Alexander MacBean

Pursuer

West End Clothiers Company, Limited

Defender

Procedural Posture

Petitory Action / Interlocutory Order on Caution for Expenses

Legal Issues

  1. 1 Whether the receiver and manager appointed by the English Courts had authority to lodge defences on behalf of the company in a Scottish action
  2. 2 Whether caution for expenses should be ordered, and if so, the amount and time for lodging such caution

Ratio Decidendi

The court exercised its discretion to extend the time for finding caution for expenses and to limit the amount to £300, reserving the pursuer's right to seek further caution if necessary, in light of the defenders' circumstances and the need to ascertain English law regarding the receiver's authority.

Court Disposition

Interlocutory order granting extension of time and limiting caution for expenses

Orders

  • Time for finding caution for expenses extended to 5th March 1918
  • Amount of caution limited to £300