Duff, Re Bankruptcy (Scotland) Act 1913 [2013] ScotCS CSIH_112 (18 December 2013)

Duff, Re Bankruptcy (Scotland) Act 1913 [2013] ScotCS CSIH_112 (18 December 2013)

Given the reclaimer's history of unsuccessful and unreasonable litigation, failure to pay expenses, lack of merit in the grounds of appeal, and the interests of justice, it is appropriate and proportionate to order caution for expenses in the sum of £10,000 as a condition for proceeding with the reclaiming motion.

Citation
[2013] ScotCS CSIH_112
Parties
Petitioner and Reclaimer: James Duff; Respondent: Paterson
Jurisdiction
Scotland
Judgment Date
18 December 2013
Procedural Posture
Petition for Order Under Section 82 of the Bankruptcy (scotland) Act 1913 / Reclaiming Motion (appeal) Against Dismissal of Petition
Outcome
Motion for caution granted; reclaimer ordered to find caution in the sum of £10,000.
Legal Topics
Caution for Expenses, Vexatious Litigant, Impecuniosity, Discretion of Court in Ordering Caution
Bankruptcy Civil Procedure Caution for Expenses Vexatious Litigant Impecuniosity Discretion of Court in Ordering Caution

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Parties

James Duff

Petitioner and Reclaimer

Paterson

Respondent

Procedural Posture

Petition for Order Under Section 82 of the Bankruptcy (scotland) Act 1913 / Reclaiming Motion (appeal) Against Dismissal of Petition

Legal Issues

  1. 1 Whether the reclaimer should be ordered to find caution for expenses as a condition for proceeding with the reclaiming motion
  2. 2 Whether the history of litigation and failure to pay expenses justifies an order for caution
  3. 3 Whether the merits of the grounds of appeal affect the discretion to order caution

Ratio Decidendi

Given the reclaimer's history of unsuccessful and unreasonable litigation, failure to pay expenses, lack of merit in the grounds of appeal, and the interests of justice, it is appropriate and proportionate to order caution for expenses in the sum of £10,000 as a condition for proceeding with the reclaiming motion.

Court Disposition

Motion for caution granted; reclaimer ordered to find caution in the sum of £10,000.

Orders

  • Reclaimer to find caution in the sum of £10,000 as a condition precedent for continuation of the reclaiming action.
  • Question of expenses for the hearing reserved.