Muirhead v. Meikle [1917] ScotLR 475 (08 June 1917)

Muirhead v. Meikle [1917] ScotLR 475 (08 June 1917)

The Sheriff-Substitute erred in procedure by refusing to allow consignation of the stamp duty and penalties for unstamped assignations, which should have been permitted in accordance with established authority. This procedural error is reviewable on appeal prior to the formal declaration of trustee election, and the process must be remitted to allow the claimant to consign the appropriate sums and have the documents received in evidence.

Citation
[1917] ScotLR 475
Parties
Appellant: Robert Wilson Muirhead; Respondent: John Meikle
Jurisdiction
Scotland
Judgment Date
08 June 1917
Procedural Posture
Bankruptcy Appeal / Appeal From Sheriff Substitute's Deliverance Prior to Declaration of Trustee Election
Outcome
appeal allowed
Legal Topics
Sequestration, Trustee Election, Unstamped Assignations, Votes of Creditors, Procedural Error, Review of Interlocutors
Bankruptcy Civil Procedure Sequestration Trustee Election Unstamped Assignations Votes of Creditors Procedural Error Review of Interlocutors

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Robert Wilson Muirhead

Appellant

John Meikle

Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From Sheriff Substitute's Deliverance Prior to Declaration of Trustee Election

Legal Issues

  1. 1 Whether the Sheriff-Substitute erred in refusing to allow consignation of stamp duty and penalties for unstamped assignations in a trustee election competition under sequestration.
  2. 2 Whether the appeal against the Sheriff-Substitute's procedural refusal is competent under the Bankruptcy (Scotland) Act 1913.

Ratio Decidendi

The Sheriff-Substitute erred in procedure by refusing to allow consignation of the stamp duty and penalties for unstamped assignations, which should have been permitted in accordance with established authority. This procedural error is reviewable on appeal prior to the formal declaration of trustee election, and the process must be remitted to allow the claimant to consign the appropriate sums and have the documents received in evidence.

Court Disposition

appeal allowed

Orders

  • Objections to competency of appeal repelled.
  • Appeal sustained.