Menzies & Anor, in the Petition of [2011] ScotSC 1 (14 January 2011)0

Menzies & Anor, in the Petition of [2011] ScotSC 1 (14 January 2011)0

The sheriff has jurisdiction under section 7 of the Sheriff Courts (Scotland) Act 1971 to make orders affecting processes in other districts within the sheriffdom, and it is appropriate to exercise this discretion in the present case to avoid unnecessary delay and expense, as there was no opposition and the petition was administrative in nature.

Citation
[2011] ScotSC 1
Parties
First Petitioner: David Malcolm Menzies; Second Petitioner: Keith Veitch Anderson; Appointee (replacement Joint Liquidator): Mark Nicholas Ranson
Jurisdiction
Scotland
Judgment Date
14 January 2011
Procedural Posture
Petition (insolvency) / Judgment on Petition for Removal and Replacement of Joint Liquidator
Outcome
Petition granted
Legal Topics
Removal of Liquidator, Jurisdiction of Sheriff Courts, Appointment of Replacement Liquidator, Sheriffdom Powers
Insolvency Company Law Civil Procedure Removal of Liquidator Jurisdiction of Sheriff Courts Appointment of Replacement Liquidator Sheriffdom Powers

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Parties

David Malcolm Menzies

First Petitioner

Keith Veitch Anderson

Second Petitioner

Mark Nicholas Ranson

Appointee (replacement Joint Liquidator)

Procedural Posture

Petition (insolvency) / Judgment on Petition for Removal and Replacement of Joint Liquidator

Legal Issues

  1. 1 Whether the sheriff has jurisdiction to remove and appoint a liquidator for companies with processes in multiple sheriff court districts within the same sheriffdom
  2. 2 Whether the court should exercise its discretion to grant such an order

Ratio Decidendi

The sheriff has jurisdiction under section 7 of the Sheriff Courts (Scotland) Act 1971 to make orders affecting processes in other districts within the sheriffdom, and it is appropriate to exercise this discretion in the present case to avoid unnecessary delay and expense, as there was no opposition and the petition was administrative in nature.

Court Disposition

Petition granted

Orders

  • First petitioner removed as joint liquidator of the schedule companies
  • Mark Nicholas Ranson appointed as joint liquidator in place of the first petitioner