Bryson (In note of) & Objections By Bell, In Petition Of Fulton For Removal Of A Trustee [1999] ScotCS 15 (12 January 1999)

Bryson (In note of) & Objections By Bell, In Petition Of Fulton For Removal Of A Trustee [1999] ScotCS 15 (12 January 1999)

The Noter is entitled to the expenses of the Procedure Roll hearing from the trust estate, as none of the Objector's submissions had merit and special authority under section 15 Judicial Factors Act 1849 was not required in these circumstances.

Citation
[1999] ScotCS 15
Parties
Noter (judicial Factor): Thomas Steele Bryson; Objector: James Bell; Petitioner: Robert Burns Cumming Fulton
Jurisdiction
Scotland
Judgment Date
12 January 1999
Procedural Posture
Petition for Removal of a Trustee / Motion for Expenses Following Interlocutor and Reclaiming Motion
Outcome
Motion for expenses granted in favour of Noter
Legal Topics
Removal of Trustee, Expenses in Trust Litigation, Judicial Factors Act 1849
Trusts and Estates Judicial Factors Removal of Trustee Expenses in Trust Litigation Judicial Factors Act 1849

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Parties

Thomas Steele Bryson

Noter (judicial Factor)

James Bell

Objector

Robert Burns Cumming Fulton

Petitioner

Procedural Posture

Petition for Removal of a Trustee / Motion for Expenses Following Interlocutor and Reclaiming Motion

Legal Issues

  1. 1 Entitlement of judicial factor to expenses from trust estate
  2. 2 Requirement of special authority under section 15 Judicial Factors Act 1849
  3. 3 Competency of Outer House to decide expenses after Inner House remit

Ratio Decidendi

The Noter is entitled to the expenses of the Procedure Roll hearing from the trust estate, as none of the Objector's submissions had merit and special authority under section 15 Judicial Factors Act 1849 was not required in these circumstances.

Court Disposition

Motion for expenses granted in favour of Noter

Orders

  • Noter entitled to expenses of Procedure Roll hearing out of trust estate
  • Interlocutor pronounced granting motion