THOMAS AULD & SONS LTD , NOTE: THOMAS AULD & SONS LTD (IN LIQUIDATION) FOR REMUNERATION [2019] ScotCS CSOH_83 (22 October 2019)

THOMAS AULD & SONS LTD , NOTE: THOMAS AULD & SONS LTD (IN LIQUIDATION) FOR REMUNERATION [2019] ScotCS CSOH_83 (22 October 2019)

The noters' explanations satisfactorily answered the reporter's criticisms; none of the matters raised resulted in prejudice to creditors; the noters carried out the work claimed; their strategy was reasonable and could not be properly criticised; remuneration should be approved as sought without abatement.

Citation
[2019] ScotCS CSOH_83
Parties
Noter: Thomas Auld & Sons Limited (in liquidation)
Jurisdiction
Scotland
Judgment Date
22 October 2019
Procedural Posture
Remuneration Approval in Liquidation / Court Review of Reporter and Auditor Reports
Outcome
Remuneration approved as sought without abatement.
Legal Topics
Liquidator Remuneration, Court Reporter Remit, Sale of Assets to Connected Parties, Liquidation Strategy, Audit of Accounts
Insolvency Corporate Law Liquidator Remuneration Court Reporter Remit Sale of Assets to Connected Parties Liquidation Strategy Audit of Accounts

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Thomas Auld & Sons Limited (in liquidation)

Noter

Procedural Posture

Remuneration Approval in Liquidation / Court Review of Reporter and Auditor Reports

Legal Issues

  1. 1 Whether the noters' remuneration should be approved under Rule 4.5 of the Insolvency (Scotland) Rules 1986
  2. 2 Scope of the court reporter's remit in auditing liquidator accounts
  3. 3 Appropriateness of the noters' conduct and strategy during liquidation

Ratio Decidendi

The noters' explanations satisfactorily answered the reporter's criticisms; none of the matters raised resulted in prejudice to creditors; the noters carried out the work claimed; their strategy was reasonable and could not be properly criticised; remuneration should be approved as sought without abatement.

Court Disposition

Remuneration approved as sought without abatement.

Orders

  • Remuneration of £93,600 inclusive of VAT approved for noters for period 2 August 2018 to 9 October 2018.
  • Outlays totalling £1,200 inclusive of VAT approved.