MacAdam v. Grandison [2008] ScotCS CSOH_53 (27 March 2008)

MacAdam v. Grandison [2008] ScotCS CSOH_53 (27 March 2008)

The issue of competency—whether the pursuer may challenge the judicial factor's administration in the Outer House during the currency of the factory estate—should be determined by the appointing court (Inner House), not the Outer House. The defender's case for retention of the pursuer's estate is relevantly pleaded on grounds of tracing, unjust enrichment, dishonest assistance, and acquiescence.

Citation
[2008] ScotCS CSOH_53
Parties
Pursuer: David Baird MacAdam; Defender: Morna Grandison
Jurisdiction
Scotland
Judgment Date
27 March 2008
Procedural Posture
Civil / Procedure Roll Debate on Relevancy and Competency
Outcome
Reported to Inner House for determination of competency; no final decision on merits.
Legal Topics
Liability for Breach of Trust, Misappropriation of Client Funds, Competency of Actions Against Judicial Factors, Unjustified Enrichment, Fraud, Acquiescence in Breach of Trust
Trusts Partnership Judicial Factors Bankruptcy Liability for Breach of Trust Misappropriation of Client Funds Competency of Actions Against Judicial Factors Unjustified Enrichment +2 more

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Parties

David Baird MacAdam

Pursuer

Morna Grandison

Defender

Procedural Posture

Civil / Procedure Roll Debate on Relevancy and Competency

Legal Issues

  1. 1 Is it competent for the pursuer to challenge the judicial factor's administration in the Outer House during the currency of the factory estate?
  2. 2 Is the pursuer liable for shortfall on the client account arising from fraudulent acts prior to his assumption as partner?
  3. 3 Is the defender's case for retention of pursuer's personal estate relevantly pleaded?

Ratio Decidendi

The issue of competency—whether the pursuer may challenge the judicial factor's administration in the Outer House during the currency of the factory estate—should be determined by the appointing court (Inner House), not the Outer House. The defender's case for retention of the pursuer's estate is relevantly pleaded on grounds of tracing, unjust enrichment, dishonest assistance, and acquiescence.

Court Disposition

Reported to Inner House for determination of competency; no final decision on merits.

Orders

  • Report to Inner House on competency issue
  • If competent or remitted, proof before answer allowed except for deletion of averments regarding pursuer's acceptance of liability for pre-existing deficit