Boylan v. Hunter [1921] ScotLR 92 (03 December 1921)

Boylan v. Hunter [1921] ScotLR 92 (03 December 1921)

Where the legal guardian of minors is found unfit to administer funds awarded to them, and consents to the appointment, the Court of Session has the power to appoint a judicial factor loco tutoris de plano to administer the funds, provided the factor finds caution and is supervised by the Accountant of Court.

Citation
[1921] ScotLR 92
Parties
Pursuer: Mrs Rose Ann Watson or Boylan; Pupil Child/pursuer: Thomas Boylan; Pupil Child/pursuer: Sarah Boylan; Defender: Thomas Hunter; Factor Loco Tutoris (appointed): John M'Callum
Jurisdiction
Scotland
Judgment Date
03 December 1921
Procedural Posture
Action of Damages / Motion to Apply Verdict and Appointment of Judicial Factor
Outcome
motion granted
Legal Topics
Appointment of Judicial Factor, Administration of Damages for Minors, Competency of Guardian, Court Powers in Guardianship
Family Law Succession Law Civil Procedure Appointment of Judicial Factor Administration of Damages for Minors Competency of Guardian Court Powers in Guardianship

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Parties

Mrs Rose Ann Watson or Boylan

Pursuer

Thomas Boylan

Pupil Child/pursuer

Sarah Boylan

Pupil Child/pursuer

Thomas Hunter

Defender

John M'Callum

Factor Loco Tutoris (appointed)

Procedural Posture

Action of Damages / Motion to Apply Verdict and Appointment of Judicial Factor

Legal Issues

  1. 1 Whether the court can appoint a judicial factor loco tutoris de plano to administer damages awarded to minors when the legal guardian is unfit
  2. 2 Whether the appointment of a trustee can supersede a legal guardian with or without consent
  3. 3 What conditions justify a de plano appointment of a judicial factor

Ratio Decidendi

Where the legal guardian of minors is found unfit to administer funds awarded to them, and consents to the appointment, the Court of Session has the power to appoint a judicial factor loco tutoris de plano to administer the funds, provided the factor finds caution and is supervised by the Accountant of Court.

Court Disposition

motion granted

Orders

  • Appointed John M'Callum as factor loco tutoris for the sums awarded to Thomas and Sarah Boylan, subject to finding caution.
  • Decerned against the defender for payment to the factor loco tutoris of the sums awarded to the children.