Hall v. Crawford [2002] ScotCS 352 (17 January 2002)

Hall v. Crawford [2002] ScotCS 352 (17 January 2002)

A direction that payment of trustee's outlays and remuneration shall be made out of the debtor's estate, following recall of sequestration, is an administrative direction to pay from funds vested in the trustee at the time of recall and does not create personal liability on the debtor for any shortfall unless expressly ordered.

Citation
[2002] ScotCS 352
Parties
Pursuer and Appellant: John Hall; Defender and Respondent: Mark Crawford
Jurisdiction
Scotland
Judgment Date
17 January 2002
Procedural Posture
Appeal From Summary Cause / Appeal to Inner House, Court of Session From Sheriff Principal
Outcome
Appeal refused; interlocutor of sheriff principal adhered to.
Legal Topics
Recall of Sequestration, Trustee Remuneration, Interpretation of 'debtor's Estate', Personal Liability for Trustee Fees
Insolvency Bankruptcy Recall of Sequestration Trustee Remuneration Interpretation of 'debtor's Estate' Personal Liability for Trustee Fees

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Parties

John Hall

Pursuer and Appellant

Mark Crawford

Defender and Respondent

Procedural Posture

Appeal From Summary Cause / Appeal to Inner House, Court of Session From Sheriff Principal

Legal Issues

  1. 1 Whether a direction that payment of trustee's outlays and remuneration 'shall be made out of the debtor's estate' imposes personal liability on the debtor after recall of sequestration
  2. 2 Interpretation of section 17(3)(a) of the Bankruptcy (Scotland) Act 1985

Ratio Decidendi

A direction that payment of trustee's outlays and remuneration shall be made out of the debtor's estate, following recall of sequestration, is an administrative direction to pay from funds vested in the trustee at the time of recall and does not create personal liability on the debtor for any shortfall unless expressly ordered.

Court Disposition

Appeal refused; interlocutor of sheriff principal adhered to.

Orders

  • Refusal of appeal by John Hall
  • Adherence to sheriff principal's interlocutor of 26 September 2000