Star Fire and Burglary Insurance Co. v. C. Davidson, & Sons [1902] ScotLR 39_768 (16 July 1902)

A company that is respondent in an appeal is in the position of defending itself and is not required by section 69 of the Companies Act 1862 to find caution for expenses.

Citation: [1902] ScotLR 39_768
Parties: Pursuer/respondent: Star Fire and Burglary Insurance Company, Limited; Defender/appellant: C. Davidson & Sons, Limited
Jurisdiction: Scotland
Judgment Date: 16 July 1902
Procedural Posture: Appeal / Motion for Caution for Expenses on Appeal
Outcome: motion refused
Legal Topics: Security for Costs, Liquidation of Company, Appeal Procedure

Company Law Civil Procedure Security for Costs Liquidation of Company Appeal Procedure

Case Brief

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Parties

Star Fire and Burglary Insurance Company, Limited

Pursuer/respondent

C. Davidson & Sons, Limited

Defender/appellant

Procedural Posture

Appeal / Motion for Caution for Expenses on Appeal

Legal Issues

1 Whether a company in liquidation, as respondent in an appeal, can be ordered to find caution (security) for expenses under section 69 of the Companies Act 1862.

Ratio Decidendi

A company that is respondent in an appeal is in the position of defending itself and is not required by section 69 of the Companies Act 1862 to find caution for expenses.

Court Disposition

motion refused

Orders

motion for caution for expenses refused