R & S Muirhead v. Julgem Property Ltd [2007] ScotSC 66 (19 November 2007)

R & S Muirhead v. Julgem Property Ltd [2007] ScotSC 66 (19 November 2007)

Respondents were successful in obtaining dismissal of the liquidation petition and are entitled to expenses on a party and party basis. The conduct of Petitioners did not meet the threshold for agent/client expenses as there was insufficient evidence of unreasonable or abusive conduct. The cause was suitable for the employment of Junior Counsel due to its complexity and importance.

Citation
[2007] ScotSC 66
Parties
Petitioners: R & S Muirhead; Respondents: Julgem Property Limited
Jurisdiction
Scotland
Judgment Date
19 November 2007
Procedural Posture
Liquidation Petition / Interlocutor on Expenses After Dismissal of Petition
Outcome
Petitioners found liable to Respondents in expenses of the cause on a party and party basis; cause certified as suitable for employment of Junior Counsel; account of expenses to be taxed by Auditor of Court.
Legal Topics
Liquidation Proceedings, Award of Expenses, Sanction for Counsel, Party and Party Expenses, Agent/client Expenses
Insolvency Civil Procedure Liquidation Proceedings Award of Expenses Sanction for Counsel Party and Party Expenses Agent/client Expenses

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Parties

R & S Muirhead

Petitioners

Julgem Property Limited

Respondents

Procedural Posture

Liquidation Petition / Interlocutor on Expenses After Dismissal of Petition

Legal Issues

  1. 1 Whether expenses should be awarded to Respondents and on what basis (party and party or agent/client)
  2. 2 Whether the cause was suitable for the employment of Junior Counsel

Ratio Decidendi

Respondents were successful in obtaining dismissal of the liquidation petition and are entitled to expenses on a party and party basis. The conduct of Petitioners did not meet the threshold for agent/client expenses as there was insufficient evidence of unreasonable or abusive conduct. The cause was suitable for the employment of Junior Counsel due to its complexity and importance.

Court Disposition

Petitioners found liable to Respondents in expenses of the cause on a party and party basis; cause certified as suitable for employment of Junior Counsel; account of expenses to be taxed by Auditor of Court.

Orders

  • Petitioners liable to Respondents in expenses on party and party basis
  • Cause certified suitable for Junior Counsel