Arthur v SMT Sales & Service Company Ltd [1998] ScotCS 26 (14 October 1998)

Arthur v SMT Sales & Service Company Ltd [1998] ScotCS 26 (14 October 1998)

The defenders were qualified creditors as the debt, including expenses and sheriff officer's fees, exceeded the statutory threshold; citation and service were valid; reduction is not competent after such a long delay when statutory remedies were available and not used.

Citation
[1998] ScotCS 26
Parties
Pursuer and Reclaimer: Douglas Andrew Arthur; Defenders and Respondents: The SMT Sales and Service Company Limited
Jurisdiction
Scotland
Judgment Date
14 October 1998
Procedural Posture
Reclaiming Motion (appeal) / Appeal From Dismissal of Action After Procedure Roll Debate
Outcome
Reclaiming motion refused; interlocutor of 5 June 1998 adhered to; action dismissed.
Legal Topics
Sequestration, Reduction of Decree, Recall of Sequestration, Service of Process, Qualified Creditor Status
Bankruptcy Civil Procedure Sequestration Reduction of Decree Recall of Sequestration Service of Process Qualified Creditor Status

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Parties

Douglas Andrew Arthur

Pursuer and Reclaimer

The SMT Sales and Service Company Limited

Defenders and Respondents

Procedural Posture

Reclaiming Motion (appeal) / Appeal From Dismissal of Action After Procedure Roll Debate

Legal Issues

  1. 1 Whether the defenders were qualified creditors under the Bankruptcy (Scotland) Act 1985 for purposes of sequestration
  2. 2 Whether citation and service of process were valid for the decree in absence and subsequent sequestration
  3. 3 Whether reduction of the decree and sequestration is competent after significant lapse of time

Ratio Decidendi

The defenders were qualified creditors as the debt, including expenses and sheriff officer's fees, exceeded the statutory threshold; citation and service were valid; reduction is not competent after such a long delay when statutory remedies were available and not used.

Court Disposition

Reclaiming motion refused; interlocutor of 5 June 1998 adhered to; action dismissed.

Orders

  • Refuse reclaiming motion
  • Adhere to interlocutor of 5 June 1998