ALAN B WRIGHT, PERMANENT TRUSTEE IN THE SEQUESTRATION OF IAN ROY [2000] ScotSC 8 (18th April, 2000)

ALAN B WRIGHT, PERMANENT TRUSTEE IN THE SEQUESTRATION OF IAN ROY [2000] ScotSC 8 (18th April, 2000)

The court held it was not competent to grant the order sought because the statutory effect of inhibition and citation had expired and could not be revived by waiving procedural failure; section 63(1)(a) does not empower the court to reinstate lapsed statutory rights.

Citation
[2000] ScotSC 8
Parties
Applicant: Alan B Wright; Debtor: Ian Roy
Jurisdiction
Scotland
Procedural Posture
Sequestration (bankruptcy) / Application to Cure Procedural Defect Under Section 63(1)(a) of the Bankruptcy (scotland) Act 1985
Outcome
application refused
Legal Topics
Sequestration Procedure, Register of Inhibitions, Restoration of Lapsed Inhibition, Court's Power to Waive Procedural Failures
Bankruptcy Insolvency Sequestration Procedure Register of Inhibitions Restoration of Lapsed Inhibition Court's Power to Waive Procedural Failures

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 2 Party arguments 2
Sign in to unlock

Parties

Alan B Wright

Applicant

Ian Roy

Debtor

Procedural Posture

Sequestration (bankruptcy) / Application to Cure Procedural Defect Under Section 63(1)(a) of the Bankruptcy (scotland) Act 1985

Legal Issues

  1. 1 Whether the court can competently grant an order under section 63(1)(a) of the Bankruptcy (Scotland) Act 1985 to allow late recording of a memorandum under section 14(4) after expiry of the statutory period
  2. 2 Whether the effect of inhibition and citation in adjudication can be revived after expiry due to procedural failure

Ratio Decidendi

The court held it was not competent to grant the order sought because the statutory effect of inhibition and citation had expired and could not be revived by waiving procedural failure; section 63(1)(a) does not empower the court to reinstate lapsed statutory rights.

Court Disposition

application refused

Orders

  • refusal to grant the crave of the note