Fulton v Bell [1999] ScotCS 108 (6 May 1999)

Fulton v Bell [1999] ScotCS 108 (6 May 1999)

All arguments advanced by Mr. Bell had already been considered and rejected by the Inner House. The court refused to revisit previously determined matters and found no merit in the reclaiming motion. The award of expenses was upheld.

Citation
[1999] ScotCS 108
Parties
Petitioner: Robert Burns Cumming Fulton; Respondent: James Bell
Jurisdiction
Scotland
Judgment Date
06 May 1999
Procedural Posture
Petition for Removal of Trustees / Reclaiming Motion (appeal) Against Interlocutor on Expenses
Outcome
Reclaiming motion refused; expenses awarded against Mr. Bell.
Legal Topics
Removal of Trustees, Court Expenses, Appellate Procedure
Trusts and Estates Civil Procedure Removal of Trustees Court Expenses Appellate Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Burns Cumming Fulton

Petitioner

James Bell

Respondent

Procedural Posture

Petition for Removal of Trustees / Reclaiming Motion (appeal) Against Interlocutor on Expenses

Legal Issues

  1. 1 Whether the award of expenses was fundamentally flawed
  2. 2 Whether the court had competence to review disposals by other Divisions of the Inner House
  3. 3 Competence of solicitor advocate to make motions in the Inner House

Ratio Decidendi

All arguments advanced by Mr. Bell had already been considered and rejected by the Inner House. The court refused to revisit previously determined matters and found no merit in the reclaiming motion. The award of expenses was upheld.

Court Disposition

Reclaiming motion refused; expenses awarded against Mr. Bell.

Orders

  • Reclaiming motion refused
  • Expenses of the reclaiming motion awarded against James Bell