R & S Muirhead v. Julgem Property Ltd [2007] ScotSC 76 (19 November 2007)

R & S Muirhead v. Julgem Property Ltd [2007] ScotSC 76 (19 November 2007)

Respondents were successful in the proceedings as the Petitioners consented to dismissal of the liquidation petition. There was insufficient evidence to find that Petitioners acted unreasonably or abused process to justify agent/client expenses. The cause was suitable for the employment of Junior Counsel due to its complexity and importance. Expenses awarded to Respondents on a party and party basis with certification for Junior Counsel.

Citation
[2007] ScotSC 76
Parties
Petitioners: R & S Muirhead; Respondents: Julgem Property Limited
Jurisdiction
Scotland
Judgment Date
19 November 2007
Procedural Posture
Liquidation Petition / Determination of Expenses Following 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 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 / Determination of Expenses Following 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 the proceedings as the Petitioners consented to dismissal of the liquidation petition. There was insufficient evidence to find that Petitioners acted unreasonably or abused process to justify agent/client expenses. The cause was suitable for the employment of Junior Counsel due to its complexity and importance. Expenses awarded to Respondents on a party and party basis with certification for Junior Counsel.

Court Disposition

Petitioners found liable to Respondents in expenses of the cause on a party and party basis; cause certified as suitable for 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 as suitable for employment of Junior Counsel