Parkes v MacGregor & Anor [2008] ScotCS CSOH_43 (11 March 2008)

Parkes v MacGregor & Anor [2008] ScotCS CSOH_43 (11 March 2008)

The pursuer's pleadings disclosed no relevant or specific averments of exceptional circumstances such as fraud or fundamental nullity in the Scottish sequestration proceedings. The statutory scheme under the Civil Jurisdiction and Judgments Act 1982 precluded the Scottish court from reviewing or reducing the underlying English judgment, and the only relevant decree for reduction was the Scottish award of sequestration. Accordingly, the action was irrelevant and fell to be dismissed.

Citation
[2008] ScotCS CSOH_43
Parties
Claimant: Cintec International Limited; Pursuer/first Defendant: John Humphries Parkes (t/a Dell Explosives); Second Defendant: Martin Frost; First Defender: Trustee in Bankruptcy
Jurisdiction
Scotland
Judgment Date
11 March 2008
Procedural Posture
Action for Reduction of Award of Sequestration / Judgment After Debate on Relevancy
Outcome
action dismissed
Legal Topics
Reduction of Sequestration, Enforcement of UK Judgments, Fraud on the Court, Competency of Reduction Action, Statutory Enforcement Scheme
Bankruptcy Civil Procedure Conflict of Laws Reduction of Sequestration Enforcement of UK Judgments Fraud on the Court Competency of Reduction Action Statutory Enforcement Scheme

Case Brief

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Parties

Cintec International Limited

Claimant

John Humphries Parkes (t/a Dell Explosives)

Pursuer/first Defendant

Martin Frost

Second Defendant

Trustee in Bankruptcy

First Defender

Procedural Posture

Action for Reduction of Award of Sequestration / Judgment After Debate on Relevancy

Legal Issues

  1. 1 Whether the Scottish court can reduce an award of sequestration based on an English costs order registered under the Civil Jurisdiction and Judgments Act 1982
  2. 2 Whether allegations of fraud or ultra vires acts in the English proceedings justify reduction of the Scottish sequestration
  3. 3 Whether the pursuer's pleadings disclose exceptional circumstances justifying reduction

Ratio Decidendi

The pursuer's pleadings disclosed no relevant or specific averments of exceptional circumstances such as fraud or fundamental nullity in the Scottish sequestration proceedings. The statutory scheme under the Civil Jurisdiction and Judgments Act 1982 precluded the Scottish court from reviewing or reducing the underlying English judgment, and the only relevant decree for reduction was the Scottish award of sequestration. Accordingly, the action was irrelevant and fell to be dismissed.

Court Disposition

action dismissed

Orders

  • First defender's sixth plea-in-law and second defender's second plea-in-law sustained
  • Action dismissed as irrelevant