Dyer v Craiglaw Developments Ltd & Ors [1998] ScotCS 41 (29 October 1998)

The use of the phrase 'as Liquidator' in the interlocutors restricts the pursuer's liability for expenses to the assets of the company in liquidation, not imposing personal liability beyond those assets.

Citation: [1998] ScotCS 41
Parties: Pursuer: Thomas Dyer; Defenders: Craiglaw Developments Limited and Others
Jurisdiction: Scotland
Judgment Date: 29 October 1998
Procedural Posture: Declarator / Judgment After Debate
Outcome: Declarator granted in favour of pursuer
Legal Topics: Liquidator's Liability for Expenses, Interpretation of Interlocutors, Representative Capacity in Litigation

Insolvency Civil Procedure Liquidator's Liability for Expenses Interpretation of Interlocutors Representative Capacity in Litigation

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Parties

Thomas Dyer

Pursuer

Craiglaw Developments Limited and Others

Defenders

Procedural Posture

Declarator / Judgment After Debate

Legal Issues

1 Whether the phrase 'as Liquidator' in an award of expenses limits liability to the assets of the company in liquidation or imposes personal liability on the liquidator.

Ratio Decidendi

Court Disposition

Declarator granted in favour of pursuer

Orders

Pursuer's liability in expenses awarded on appeal restricted to the limit of the assets of the company in liquidation.