Tait (Somervell's Trustee) v. Somervell and Others [1911] ScotLR 879 (27 June 1911)

Tait (Somervell's Trustee) v. Somervell and Others [1911] ScotLR 879 (27 June 1911)

Interest at 5% per annum is payable on professional charges only where a judicial demand for payment has been made or written intimation given that interest is claimed, with interest running from the date of such demand or intimation; otherwise, no interest is allowed on open accounts. Interest on outlays is payable from the date of disbursement until payment.

Citation
[1911] ScotLR 879
Parties
Petitioner: John Scott Tait (Somervell's Trustee); Creditor/agent: Messrs Dundas & Wilson, C. S.; Creditor/agent: Messrs Tods, Murray, & Jamieson, W. S.; Heritable Creditor: Edinburgh Life Assurance Company; Debtor: James Somervell of Sorn
Jurisdiction
Scotland
Judgment Date
27 June 1911
Procedural Posture
Civil (sequestration/winding Up) / Interlocutory Judgment on Interest Payable in Sequestration
Outcome
Partly allowed, partly refused
Legal Topics
Interest on Professional Charges, Sequestration Expenses, Judicial Demand, Open Accounts
Insolvency Agency Law Interest on Professional Charges Sequestration Expenses Judicial Demand Open Accounts

Case Brief

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Parties

John Scott Tait (Somervell's Trustee)

Petitioner

Messrs Dundas & Wilson, C. S.

Creditor/agent

Messrs Tods, Murray, & Jamieson, W. S.

Creditor/agent

Edinburgh Life Assurance Company

Heritable Creditor

James Somervell of Sorn

Debtor

Procedural Posture

Civil (sequestration/winding Up) / Interlocutory Judgment on Interest Payable in Sequestration

Legal Issues

  1. 1 Whether interest is payable on agents' professional charges in a sequestration, and under what circumstances such interest accrues.

Ratio Decidendi

Interest at 5% per annum is payable on professional charges only where a judicial demand for payment has been made or written intimation given that interest is claimed, with interest running from the date of such demand or intimation; otherwise, no interest is allowed on open accounts. Interest on outlays is payable from the date of disbursement until payment.

Court Disposition

Partly allowed, partly refused

Orders

  • Interest at 5% per annum is payable on all cash outlays from date of disbursement until payment.
  • Interest at 5% per annum is payable on professional charges only where a judicial demand or written intimation has been made, from the date of such demand or intimation.