Parkes & Anor v MacGregor & Anor [2011] ScotCS CSIH_69 (11 November 2011)

Parkes & Anor v MacGregor & Anor [2011] ScotCS CSIH_69 (11 November 2011)

The registration of the certificate was not contrary to Schedule 6 of the Civil Jurisdiction and Judgments Act 1982, as the additions were accurate, immaterial, and did not affect the substance of the decree. No exceptional circumstances or relevant averments of fraud were established to justify reduction of sequestration. Judicial bias claims were unsupported by evidence.

Citation
[2011] ScotCS CSIH_69
Parties
Pursuer and Reclaimer; Petitioner and Reclaimer: John Humphries Parkes; First Defender and Respondent: Robin MacGregor; Second Defender and Respondent; Respondent: Cintec International Limited
Jurisdiction
Scotland
Judgment Date
11 November 2011
Procedural Posture
Reclaiming Motions (appeals) / Final Appellate Judgment
Outcome
Both reclaiming motions refused; appeals dismissed.
Legal Topics
Sequestration, Enforcement of Judgments, Fraud Allegations, Judicial Bias, Reduction of Decrees
Civil Procedure Bankruptcy Judicial Review Sequestration Enforcement of Judgments Fraud Allegations Judicial Bias Reduction of Decrees

Case Brief

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Parties

John Humphries Parkes

Pursuer and Reclaimer; Petitioner and Reclaimer

Robin MacGregor

First Defender and Respondent

Cintec International Limited

Second Defender and Respondent; Respondent

Procedural Posture

Reclaiming Motions (appeals) / Final Appellate Judgment

Legal Issues

  1. 1 Whether registration of a certificate of money provisions was contrary to Schedule 6 of the Civil Jurisdiction and Judgments Act 1982
  2. 2 Whether unauthorised additions to a court certificate vitiate registration
  3. 3 Whether exceptional circumstances exist to justify reduction of sequestration

Ratio Decidendi

The registration of the certificate was not contrary to Schedule 6 of the Civil Jurisdiction and Judgments Act 1982, as the additions were accurate, immaterial, and did not affect the substance of the decree. No exceptional circumstances or relevant averments of fraud were established to justify reduction of sequestration. Judicial bias claims were unsupported by evidence.

Court Disposition

Both reclaiming motions refused; appeals dismissed.

Orders

  • Reclaiming motions refused.
  • No further proceedings required in action or petition.