MacFie Or Siomos v MacFie Or Cunningham [2001] ScotCS 38 (15 February 2001)

MacFie Or Siomos v MacFie Or Cunningham [2001] ScotCS 38 (15 February 2001)

The pursuer's averments disclose a relevant case that the defender acted as agent for the deceased in operating the accounts, giving rise to an obligation to account. The defender's averment that all actions were authorised by the deceased does not eliminate the obligation to account and does not constitute a relevant defence at the stage of pleadings. The action should proceed to an order for accounting.

Citation
[2001] ScotCS 38
Parties
Pursuer: Patricia Mary Scott Macfie or Siomos; Defender: Elaine Anne Gordon Macfie or Cunningham
Jurisdiction
Scotland
Judgment Date
15 February 2001
Procedural Posture
Civil / Procedure Roll (pleadings)
Outcome
Order for accounting granted; defender's pleas repelled; pursuer's pleas sustained; action to proceed as specified.
Legal Topics
Executor's Right to Accounting, Mandate and Agency, Liability to Account, Pleadings Relevancy
Succession Law Agency Law Civil Procedure Executor's Right to Accounting Mandate and Agency Liability to Account Pleadings Relevancy

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Parties

Patricia Mary Scott Macfie or Siomos

Pursuer

Elaine Anne Gordon Macfie or Cunningham

Defender

Procedural Posture

Civil / Procedure Roll (pleadings)

Legal Issues

  1. 1 Whether the defender, as agent operating deceased's bank accounts, is obliged to account to the executor for her intromissions
  2. 2 Whether the pleadings disclose a relevant case for accounting
  3. 3 Whether the defender's averments constitute a relevant defence

Ratio Decidendi

The pursuer's averments disclose a relevant case that the defender acted as agent for the deceased in operating the accounts, giving rise to an obligation to account. The defender's averment that all actions were authorised by the deceased does not eliminate the obligation to account and does not constitute a relevant defence at the stage of pleadings. The action should proceed to an order for accounting.

Court Disposition

Order for accounting granted; defender's pleas repelled; pursuer's pleas sustained; action to proceed as specified.

Orders

  • Repel defender's first plea-in-law
  • Sustain pursuer's first plea-in-law and repel defender's third plea-in-law