M'Alley's Judicial Factor [1900] ScotLR 37_919 (17 July 1900)

M'Alley's Judicial Factor [1900] ScotLR 37_919 (17 July 1900)

Persistent disregard of Court orders by a trustee justifies granting warrant to messengers-at-arms to search for and recover trust documents, including opening lockfast places, under the Court's nobile officium.

Citation
[1900] ScotLR 37_919
Parties
Petitioner: William M'Alley and others; Trustee/petitioner: Robert Barr; Respondent/trustee: William Stoddart; Respondent/beneficiary: Mrs Catherine M'Alley or Stoddart; Judicial Factor: John Dalziel, C.A.
Jurisdiction
Scotland
Judgment Date
17 July 1900
Procedural Posture
Petition for Sequestration and Appointment of Judicial Factor / Final Judgment on Note for Delivery of Documents
Outcome
warrant granted in terms of second alternative prayer
Legal Topics
Judicial Factor, Sequestration of Trust Estate, Refusal to Deliver Documents, Nobile Officium, Warrant to Search and Recover Documents
Trust Law Judicial Administration Judicial Factor Sequestration of Trust Estate Refusal to Deliver Documents Nobile Officium Warrant to Search and Recover Documents

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Parties

William M'Alley and others

Petitioner

Robert Barr

Trustee/petitioner

William Stoddart

Respondent/trustee

Mrs Catherine M'Alley or Stoddart

Respondent/beneficiary

John Dalziel, C.A.

Judicial Factor

Procedural Posture

Petition for Sequestration and Appointment of Judicial Factor / Final Judgment on Note for Delivery of Documents

Legal Issues

  1. 1 Whether the Court can grant warrant to search for and recover trust documents from a recalcitrant trustee
  2. 2 Whether the remedies sought lie within the nobile officium of the Court

Ratio Decidendi

Persistent disregard of Court orders by a trustee justifies granting warrant to messengers-at-arms to search for and recover trust documents, including opening lockfast places, under the Court's nobile officium.

Court Disposition

warrant granted in terms of second alternative prayer

Orders

  • Messengers-at-arms authorized to search for, recover, and take possession of specified trust documents, including opening shut and lockfast places, and deliver them to the judicial factor.