ELIZABETH DOBBIE AGAINST MICHAEL PATTON [2015] ScotSC 34 (11 May 2015)

ELIZABETH DOBBIE AGAINST MICHAEL PATTON [2015] ScotSC 34 (11 May 2015)

The pursuer's claims under the Vitious Intromitters Act 1696 and in delict were irrelevant as a matter of law. The statutory remedy is only available to creditors, not heirs or legatees, and the estate is not a juristic person capable of holding rights or duties. The sheriff's decision to find the pursuer personally liable for expenses was within his discretion and not plainly wrong.

Citation
[2015] ScotSC 34
Parties
Pursuer: Elizabeth Dobbie; Defender: Michael Patton
Jurisdiction
Scotland
Judgment Date
11 May 2015
Procedural Posture
Civil Appeal / Appeal From Sheriff's Interlocutor
Outcome
Appeal refused; sheriff's interlocutor adhered to; pursuer found personally liable for expenses of the appeal.
Legal Topics
Vitious Intromission, Executor's Rights, Statutory Interpretation, Duty of Care, Personal Liability for Expenses
Succession Law Trusts Law Delict (tort) Vitious Intromission Executor's Rights Statutory Interpretation Duty of Care Personal Liability for Expenses

Case Brief

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Parties

Elizabeth Dobbie

Pursuer

Michael Patton

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the defender acted as a vitious intromitter under the Vitious Intromitters Act 1696 and if the pursuer had a relevant right of action
  2. 2 Whether the pursuer's delictual claim was relevant and competent
  3. 3 Whether the pursuer should be personally liable for expenses or only as executrix

Ratio Decidendi

The pursuer's claims under the Vitious Intromitters Act 1696 and in delict were irrelevant as a matter of law. The statutory remedy is only available to creditors, not heirs or legatees, and the estate is not a juristic person capable of holding rights or duties. The sheriff's decision to find the pursuer personally liable for expenses was within his discretion and not plainly wrong.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to; pursuer found personally liable for expenses of the appeal.

Orders

  • Refusal of appeal
  • Adherence to sheriff’s interlocutor dated 11 December 2014