Russell v Hoblyn [2006] ScotSC 45 (07 May 2006)

Russell v Hoblyn [2006] ScotSC 45 (07 May 2006)

The appeal was refused because the debtor failed to prove the value of the vehicle at the date of sequestration was £1000 or less and failed to show it was a tool of her trade as required by the statutory exemption. The sheriff's order was competent and appealable without leave.

Citation
[2006] ScotSC 45
Parties
Pursuer/respondent: Cameron King Russell, permanent trustee on the sequestrated estates of Mrs Joan Hoblyn; Defender/appellant: Mrs Joan Hoblyn
Jurisdiction
Scotland
Judgment Date
07 May 2006
Procedural Posture
Sequestration Process (bankruptcy) / Appeal Against Sheriff's Interlocutor Dated 31 January 2006
Outcome
Appeal refused; sheriff's interlocutor adhered to; expenses awarded against appellant.
Legal Topics
Sequestration, Exemption of Assets, Appeal Competency, Interpretation of Bankruptcy (scotland) Act 1985, Interpretation of Debt Arrangement and Attachment (scotland) Act 2002
Bankruptcy Civil Procedure Sequestration Exemption of Assets Appeal Competency Interpretation of Bankruptcy (scotland) Act 1985 Interpretation of Debt Arrangement and Attachment (scotland) Act 2002

Case Brief

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Parties

Cameron King Russell, permanent trustee on the sequestrated estates of Mrs Joan Hoblyn

Pursuer/respondent

Mrs Joan Hoblyn

Defender/appellant

Procedural Posture

Sequestration Process (bankruptcy) / Appeal Against Sheriff's Interlocutor Dated 31 January 2006

Legal Issues

  1. 1 Whether the sheriff's order to hand over a motor vehicle is appealable without leave under section 27(b) of the Sheriff Courts (Scotland) Act 1907
  2. 2 Whether the debtor is entitled to exemption of the motor vehicle under section 11(1)(b) of the Debt Arrangement and Attachment (Scotland) Act 2002 as applied by section 33(1)(a) of the Bankruptcy (Scotland) Act 1985

Ratio Decidendi

The appeal was refused because the debtor failed to prove the value of the vehicle at the date of sequestration was £1000 or less and failed to show it was a tool of her trade as required by the statutory exemption. The sheriff's order was competent and appealable without leave.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to; expenses awarded against appellant.

Orders

  • Refuses the appeal
  • Adheres to the interlocutor of the sheriff dated 31 January 2006