Liquidator of James Donaldson & Co., Ltd v. White & Park [1907] ScotLR 231 (04 December 1907)

Liquidator of James Donaldson & Co., Ltd v. White & Park [1907] ScotLR 231 (04 December 1907)

A liquidator may obtain an order for production of company documents from law-agents holding a lien, provided the order is made without prejudice to the lien, and mere production or inspection does not impose liability for the law-agents' account.

Citation
[1907] ScotLR 231
Parties
Petitioner: James Maxtone Graham (Liquidator of James Donaldson & Company, Limited); Respondents: Messrs Thomas White & Park, W.S., Edinburgh
Jurisdiction
Scotland
Judgment Date
04 December 1907
Procedural Posture
Company Liquidation / Interlocutory Application for Production of Documents
Outcome
Order granted for production and examination of documents without prejudice to the respondents' lien; no expenses due by or to either party since the Lord Ordinary's interlocutor.
Legal Topics
Liquidation, Production of Documents, Lien of Solicitors, Companies Act 1862 Section 115
Company Law Insolvency Law Liquidation Production of Documents Lien of Solicitors Companies Act 1862 Section 115

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Parties

James Maxtone Graham (Liquidator of James Donaldson & Company, Limited)

Petitioner

Messrs Thomas White & Park, W.S., Edinburgh

Respondents

Procedural Posture

Company Liquidation / Interlocutory Application for Production of Documents

Legal Issues

  1. 1 Whether a liquidator can compel production of company documents from law-agents holding a lien under section 115 of the Companies Act 1862
  2. 2 Whether mere inspection or production of documents by the liquidator imposes liability for the law-agents' account

Ratio Decidendi

A liquidator may obtain an order for production of company documents from law-agents holding a lien, provided the order is made without prejudice to the lien, and mere production or inspection does not impose liability for the law-agents' account.

Court Disposition

Order granted for production and examination of documents without prejudice to the respondents' lien; no expenses due by or to either party since the Lord Ordinary's interlocutor.

Orders

  • Direct Lord Ordinary to grant both branches of the prayer of the note without prejudice to the lien claimed by the respondents.
  • No expenses due by or to either party since the date of the Lord Ordinary's interlocutor reporting the cause.