Phoenicia Asset Management Sal v Alexander [2010] ScotCS CSIH_71 (11 June 2010)

Phoenicia Asset Management Sal v Alexander [2010] ScotCS CSIH_71 (11 June 2010)

The joint liquidators, as havers, are entitled to a reasonable fee and reimbursement of expenses reasonably incurred in complying with the court's order for recovery of documents, provided they acted reasonably and the expenses were not otherwise required for their statutory duties. The Auditor of Court is to determine the reasonableness of the response and charges.

Citation
[2010] ScotCS CSIH_71
Parties
Pursuer: Phoenicia Asset Management SAL; Defender: Steven Alexander
Jurisdiction
Scotland
Judgment Date
11 June 2010
Procedural Posture
Civil / Application for Remit to Auditor of Court to Tax Account of Fees and Expenses
Outcome
Motion granted
Legal Topics
Recovery of Documents, Liquidators' Duties, Entitlement to Fees, Taxation of Expenses
Civil Procedure Insolvency Recovery of Documents Liquidators' Duties Entitlement to Fees Taxation of Expenses

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Phoenicia Asset Management SAL

Pursuer

Steven Alexander

Defender

Procedural Posture

Civil / Application for Remit to Auditor of Court to Tax Account of Fees and Expenses

Legal Issues

  1. 1 Whether joint liquidators (havers) are entitled to fees and expenses for complying with a court order for recovery of documents
  2. 2 Whether such fees should be at a professional rate or a reasonable custodier's rate
  3. 3 Whether the expenses claimed were necessary for the liquidators' statutory duties or only for compliance with the court order

Ratio Decidendi

The joint liquidators, as havers, are entitled to a reasonable fee and reimbursement of expenses reasonably incurred in complying with the court's order for recovery of documents, provided they acted reasonably and the expenses were not otherwise required for their statutory duties. The Auditor of Court is to determine the reasonableness of the response and charges.

Court Disposition

Motion granted

Orders

  • Remit to Auditor of Court to tax the account of fees and expenses incurred by the havers (liquidators) in responding to the specification of documents
  • Award of expenses of the opposed motion to the havers