Steele (Tosh's Factor) Petitioner [1912] ScotLR 148 (28 November 1912)

Steele (Tosh's Factor) Petitioner [1912] ScotLR 148 (28 November 1912)

The letting of urban property is within the ordinary powers of a judicial factor, and special authority from the Court is unnecessary unless there are special circumstances or complications; the factor should be guided by the Accountant of Court in the ordinary course.

Citation
[1912] ScotLR 148
Parties
Petitioner: H. M. Steele, C. A., Glasgow (Tosh's Factor); Respondents: Mrs Jane Lauder or Tosh and others (beneficiaries)
Jurisdiction
Scotland
Judgment Date
28 November 1912
Procedural Posture
Petition for Special Powers by Judicial Factor / Inner House, First Division, Bill Chamber
Outcome
Petition granted; special powers to grant the lease authorized.
Legal Topics
Judicial Factors' Powers, Leases of Trust Property, Urban Property Letting, Trust Administration
Trusts and Estates Property Law Judicial Factors' Powers Leases of Trust Property Urban Property Letting Trust Administration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

H. M. Steele, C. A., Glasgow (Tosh's Factor)

Petitioner

Mrs Jane Lauder or Tosh and others (beneficiaries)

Respondents

Procedural Posture

Petition for Special Powers by Judicial Factor / Inner House, First Division, Bill Chamber

Legal Issues

  1. 1 Whether a judicial factor requires special authority from the Court to grant a lease of urban subjects forming part of a trust estate.

Ratio Decidendi

The letting of urban property is within the ordinary powers of a judicial factor, and special authority from the Court is unnecessary unless there are special circumstances or complications; the factor should be guided by the Accountant of Court in the ordinary course.

Court Disposition

Petition granted; special powers to grant the lease authorized.

Orders

  • Remitted to the Junior Lord Ordinary to grant the prayer of the note.
  • Judicial factor entitled to expenses out of the factory estate.