Ramsay's Judicial Factor v. British Linen Bank [1911] ScotLR 199 (30 November 1911)

Ramsay's Judicial Factor v. British Linen Bank [1911] ScotLR 199 (30 November 1911)

Claims of compensation or retention by the holder of the fund against a particular claimant are competent notwithstanding a final decree of ranking and preference, provided the claims are otherwise well founded.

Citation
[1911] ScotLR 199
Parties
Pursuer and Real Raiser: Henry Moncrieff Steele, Judicial Factor on the trust estate of Andrew Ramsay; Defender: British Linen Bank
Jurisdiction
Scotland
Judgment Date
30 November 1911
Procedural Posture
Multiplepoinding / Reclaiming Note Against Interlocutor on Competency of Compensation and Retention Claims
Outcome
Court adhered to the Lord Ordinary's interlocutor; claims of compensation and retention are competent.
Legal Topics
Multiplepoinding, Ranking and Preference, Compensation, Retention, Competency of Claims
Trusts and Estates Civil Procedure Multiplepoinding Ranking and Preference Compensation Retention Competency of Claims

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Parties

Henry Moncrieff Steele, Judicial Factor on the trust estate of Andrew Ramsay

Pursuer and Real Raiser

British Linen Bank

Defender

Procedural Posture

Multiplepoinding / Reclaiming Note Against Interlocutor on Competency of Compensation and Retention Claims

Legal Issues

  1. 1 Whether claims of compensation and retention by the holder of the fund against a particular claimant are competent after a final decree of ranking and preference in multiplepoinding

Ratio Decidendi

Claims of compensation or retention by the holder of the fund against a particular claimant are competent notwithstanding a final decree of ranking and preference, provided the claims are otherwise well founded.

Court Disposition

Court adhered to the Lord Ordinary's interlocutor; claims of compensation and retention are competent.

Orders

  • Remit cause to Lord Ordinary to proceed.
  • Any pleas of compensation or retention otherwise competent to the pursuer and real raiser in a question with the British Linen Bank are still open to him notwithstanding the interlocutor of 22nd January 1910.