Steele (Ramsay's Judicial Factor) v. Ker and Others (Smith's Trustees) [1911] ScotLR 743 (17 May 1911)

Steele (Ramsay's Judicial Factor) v. Ker and Others (Smith's Trustees) [1911] ScotLR 743 (17 May 1911)

The court held that the interlocutor of 22nd January 1910 was final and unreviewable, and therefore the judicial factor's claim, being competitive and not administrative or a riding claim, was incompetent and could not be received or considered at this stage.

Citation
[1911] ScotLR 743
Parties
Pursuer and Real Raiser (reclaimer): Henry Moncrieff Steele, C. A., Judicial Factor on the trust estate of the late Andrew Ramsay; Defenders: Ker and Others (Smith's Trustees); Claimants (respondents): British Linen Bank
Jurisdiction
Scotland
Judgment Date
17 May 1911
Procedural Posture
Multiplepoinding / Reclaiming Note (appeal) Against Interlocutor Dismissing Late Claim
Outcome
Appeal dismissed; court adhered to the Lord Ordinary's interlocutor dismissing the claim as incompetent.
Legal Topics
Multiplepoinding, Finality of Interlocutor, Late Lodging of Claims, Competency of Claims, Ranking and Preference
Civil Procedure Trusts and Estates Multiplepoinding Finality of Interlocutor Late Lodging of Claims Competency of Claims Ranking and Preference

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Henry Moncrieff Steele, C. A., Judicial Factor on the trust estate of the late Andrew Ramsay

Pursuer and Real Raiser (reclaimer)

Ker and Others (Smith's Trustees)

Defenders

British Linen Bank

Claimants (respondents)

Procedural Posture

Multiplepoinding / Reclaiming Note (appeal) Against Interlocutor Dismissing Late Claim

Legal Issues

  1. 1 Whether a claim lodged after a final interlocutor of ranking and preference in a multiplepoinding action can be received and considered by the court.
  2. 2 Whether the judicial factor's claim was administrative or competitive in nature and thus competent to be admitted after final interlocutor.

Ratio Decidendi

The court held that the interlocutor of 22nd January 1910 was final and unreviewable, and therefore the judicial factor's claim, being competitive and not administrative or a riding claim, was incompetent and could not be received or considered at this stage.

Court Disposition

Appeal dismissed; court adhered to the Lord Ordinary's interlocutor dismissing the claim as incompetent.

Orders

  • The claim of the judicial factor is dismissed as incompetent.
  • The court adhered to the interlocutor of 22nd January 1910.