HM Secretary Of State For Trade & Industry v Ross [1998] ScotCS 43 (30 October 1998)

HM Secretary Of State For Trade & Industry v Ross [1998] ScotCS 43 (30 October 1998)

The court held that the respondent did not meet the criteria for incapax and thus refused to appoint a curator ad litem. The respondent must decide whether to represent himself or instruct solicitors, and further adjournments on medical grounds will not be granted without compelling justification.

Citation
[1998] ScotCS 43
Parties
Petitioner: HER MAJESTY'S SECRETARY OF STATE FOR TRADE AND INDUSTRY; Respondent: IAN McLEOD FRASER ROSS
Jurisdiction
Scotland
Judgment Date
30 October 1998
Procedural Posture
Petition for Disqualification Order / Interlocutory Order on Adjournment and Procedural Directions
Outcome
Continued diet discharged; further diet to be fixed; expenses of discharge reserved.
Legal Topics
Director Disqualification, Adjournment of Proceedings, Appointment of Curator Ad Litem, Incapacity of Party
Company Law Civil Procedure Director Disqualification Adjournment of Proceedings Appointment of Curator Ad Litem Incapacity of Party

Case Brief

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Parties

HER MAJESTY'S SECRETARY OF STATE FOR TRADE AND INDUSTRY

Petitioner

IAN McLEOD FRASER ROSS

Respondent

Procedural Posture

Petition for Disqualification Order / Interlocutory Order on Adjournment and Procedural Directions

Legal Issues

  1. 1 Whether the respondent's ill health justifies further adjournment of the proof
  2. 2 Whether a curator ad litem should be appointed for the respondent on grounds of incapacity

Ratio Decidendi

The court held that the respondent did not meet the criteria for incapax and thus refused to appoint a curator ad litem. The respondent must decide whether to represent himself or instruct solicitors, and further adjournments on medical grounds will not be granted without compelling justification.

Court Disposition

Continued diet discharged; further diet to be fixed; expenses of discharge reserved.

Orders

  • Discharge of continued diet set for 29 October 1998
  • Order for a further diet to be appointed as soon as possible