Petition by Rodney Vincent McAlister (Court of Session) [2024] CSOH 97 (31 October 2024)

Petition by Rodney Vincent McAlister (Court of Session) [2024] CSOH 97 (31 October 2024)

Failure by petitioner to disclose material facts, specifically full access to accounting records and partners' meetings, rendered the ex parte appointment of interim judicial factor unsustainable; circumstances did not meet necessity test for such appointment in ongoing trading partnership.

Citation
[2024] CSOH 97
Parties
Petitioner: Rodney Vincent McAllister; Deceased Former Partner: David McAllister Senior; First Respondent: First Respondent (mother of petitioner); Second Respondent: Second Respondent (brother of petitioner); Third Respondent: Third Respondent (brother of petitioner); Fourth Respondent: Fourth Respondent (brother of petitioner); Interim Judicial Factor: Interim Judicial Factor: Lord Davidson of Glen Clova, Campbell
Jurisdiction
Scotland
Judgment Date
31 October 2024
Procedural Posture
Petition for Dissolution and Judicial Factor Appointment / Motion for Recall of Interim Judicial Factor
Outcome
Appointment of interim judicial factor recalled; respondents awarded expenses; petitioner liable for judicial factor's fees and outlays.
Legal Topics
Judicial Factor Appointment, Dissolution of Partnership, Full and Frank Disclosure, Urgent Remedies, Interim Orders
Partnership Law Trusts and Estates Civil Procedure Judicial Factor Appointment Dissolution of Partnership Full and Frank Disclosure Urgent Remedies Interim Orders

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Parties

Rodney Vincent McAllister

Petitioner

David McAllister Senior

Deceased Former Partner

First Respondent (mother of petitioner)

First Respondent

Second Respondent (brother of petitioner)

Second Respondent

Third Respondent (brother of petitioner)

Third Respondent

Fourth Respondent (brother of petitioner)

Fourth Respondent

Interim Judicial Factor: Lord Davidson of Glen Clova, Campbell

Interim Judicial Factor

Procedural Posture

Petition for Dissolution and Judicial Factor Appointment / Motion for Recall of Interim Judicial Factor

Legal Issues

  1. 1 Whether full and frank disclosure was made by petitioner
  2. 2 Whether circumstances justified appointment of interim judicial factor
  3. 3 Whether remedy of interim judicial factor is necessary and proportionate

Ratio Decidendi

Failure by petitioner to disclose material facts, specifically full access to accounting records and partners' meetings, rendered the ex parte appointment of interim judicial factor unsustainable; circumstances did not meet necessity test for such appointment in ongoing trading partnership.

Court Disposition

Appointment of interim judicial factor recalled; respondents awarded expenses; petitioner liable for judicial factor's fees and outlays.

Orders

  • Recall of interim judicial factor appointment
  • Respondents awarded expenses against petitioner