Glasgow City Council v Springboig St John's School & Anor [2014] ScotCS CSOH_76 (27 March 2014)

Glasgow City Council v Springboig St John's School & Anor [2014] ScotCS CSOH_76 (27 March 2014)

The court held that the pursuers had presented a prima facie case that the trust estate, including the Edinburgh Road site, is liable for the debt incurred by the board of managers in the course of administering the trust, and that there is sufficient cause for inhibition on the dependence to remain in place.

Citation
[2014] ScotCS CSOH_76
Parties
Pursuer: Glasgow City Council; Defender: The Board of Managers of Springboig St John's School and Monsignor Peter Smith
Jurisdiction
Scotland
Judgment Date
27 March 2014
Procedural Posture
Civil / Interlocutory Application for Recall of Inhibition on the Dependence
Outcome
Motion for recall of inhibition refused.
Legal Topics
Trust Patrimony and Liability, Inhibition on the Dependence, Trustee Liability for Debts, Pension Cessation Liabilities
Trust Law Civil Procedure Pensions Law Trust Patrimony and Liability Inhibition on the Dependence Trustee Liability for Debts Pension Cessation Liabilities

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Parties

Glasgow City Council

Pursuer

The Board of Managers of Springboig St John's School and Monsignor Peter Smith

Defender

Procedural Posture

Civil / Interlocutory Application for Recall of Inhibition on the Dependence

Legal Issues

  1. 1 Whether the trust property (Edinburgh Road site) is available to satisfy the pursuers' claim for pension cessation liabilities incurred by the board of managers.
  2. 2 Whether inhibition on the dependence should be recalled given the legal relationship between the board, the trustees, and the trust property.

Ratio Decidendi

The court held that the pursuers had presented a prima facie case that the trust estate, including the Edinburgh Road site, is liable for the debt incurred by the board of managers in the course of administering the trust, and that there is sufficient cause for inhibition on the dependence to remain in place.

Court Disposition

Motion for recall of inhibition refused.

Orders

  • Inhibition on the dependence to remain in place pending determination of the action.