Sutherland v Lord Advocate [1998] ScotCS 25 (14 October 1998)

Sutherland v Lord Advocate [1998] ScotCS 25 (14 October 1998)

The validity of the sequestration is not affected by the granting of a second warrant for citation or by the failure to send a copy of the second warrant to the Keeper; the statutory requirements are satisfied by reference to the first warrant.

Citation
[1998] ScotCS 25
Parties
Pursuer and Reclaimer: Charlotte Liston Sutherland; Defender and Respondent: The Lord Advocate, for and on behalf of The Commissioners of Inland Revenue
Jurisdiction
Scotland
Judgment Date
14 October 1998
Procedural Posture
Reclaiming Motion (appeal) in Civil Action for Reduction / Appeal From Interlocutor Dismissing Action After Debate on Procedure Roll
Outcome
Reclaiming motion refused; interlocutor of 14 November 1997 adhered to; action dismissed.
Legal Topics
Sequestration, Bankruptcy (scotland) Act 1985, Reduction of Sequestration Award, Procedural Compliance
Insolvency Law Civil Procedure Sequestration Bankruptcy (scotland) Act 1985 Reduction of Sequestration Award Procedural Compliance

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
Sign in to unlock

Parties

Charlotte Liston Sutherland

Pursuer and Reclaimer

The Lord Advocate, for and on behalf of The Commissioners of Inland Revenue

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) in Civil Action for Reduction / Appeal From Interlocutor Dismissing Action After Debate on Procedure Roll

Legal Issues

  1. 1 Whether failure to send copy of second warrant to Keeper invalidates sequestration
  2. 2 Whether date of sequestration is fixed by first or subsequent warrant under section 12(2) of the 1985 Act
  3. 3 Effect of references to partner's sequestration in petition

Ratio Decidendi

The validity of the sequestration is not affected by the granting of a second warrant for citation or by the failure to send a copy of the second warrant to the Keeper; the statutory requirements are satisfied by reference to the first warrant.

Court Disposition

Reclaiming motion refused; interlocutor of 14 November 1997 adhered to; action dismissed.

Orders

  • Refuse reclaiming motion
  • Adhere to Lord Ordinary's interlocutor of 14 November 1997