Overwaele, Re Recall of an Award of Sequestration [2000] ScotCS 277 (7 November 2000)

The petition was dismissed because the petitioner failed to comply with Rule of Court 14.8, and no excusable cause for the failure was provided to justify relief under Rule of Court 2.1.

Citation: [2000] ScotCS 277
Parties: Petitioner: Marian Van Overwaele; Respondent: First Respondent
Jurisdiction: Scotland
Judgment Date: 07 November 2000
Procedural Posture: Petition for Recall of Sequestration / Motion to Dismiss for Want of Insistence
Outcome: petition dismissed
Legal Topics: Recall of Sequestration, Procedural Compliance, Dismissal for Want of Insistence

Bankruptcy Recall of Sequestration Procedural Compliance Dismissal for Want of Insistence

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

Parties

Marian Van Overwaele

Petitioner

First Respondent

Respondent

Procedural Posture

Petition for Recall of Sequestration / Motion to Dismiss for Want of Insistence

Legal Issues

1 Whether the petition should be dismissed for want of insistence due to failure to comply with Rule of Court 14.8
2 Whether relief should be granted under Rule of Court 2.1 for non-compliance

Ratio Decidendi

The petition was dismissed because the petitioner failed to comply with Rule of Court 14.8, and no excusable cause for the failure was provided to justify relief under Rule of Court 2.1.

Court Disposition

petition dismissed

Orders

Petition dismissed for want of insistence.