Roberts Petitioner [1901] ScotLR 38_586 (14 May 1901)

Roberts Petitioner [1901] ScotLR 38_586 (14 May 1901)

Where a bankrupt is incapable due to insanity of making the statutory declaration required for discharge, and all other statutory requirements are fulfilled, the court may dispense with the declaration under its nobile officium.

Citation
[1901] ScotLR 38_586
Parties
Petitioner: Henry Albert Edward Roberts; Curator Bonis: Stanley Roberts
Jurisdiction
Scotland
Judgment Date
14 May 1901
Procedural Posture
Bankruptcy Petition / Final Discharge Application
Outcome
petition granted
Legal Topics
Sequestration, Discharge of Bankrupt, Nobile Officium, Declaration by Bankrupt, Incapacity Due to Insanity
Bankruptcy Insolvency Sequestration Discharge of Bankrupt Nobile Officium Declaration by Bankrupt Incapacity Due to Insanity

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 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Henry Albert Edward Roberts

Petitioner

Stanley Roberts

Curator Bonis

Procedural Posture

Bankruptcy Petition / Final Discharge Application

Legal Issues

  1. 1 Whether the court can dispense with the statutory declaration required for discharge when the bankrupt is insane and incapable of making it

Ratio Decidendi

Where a bankrupt is incapable due to insanity of making the statutory declaration required for discharge, and all other statutory requirements are fulfilled, the court may dispense with the declaration under its nobile officium.

Court Disposition

petition granted

Orders

  • Declaration or oath under section 147 of the Bankruptcy (Scotland) Act 1856 dispensed with
  • Remitted to Lord Ordinary to discharge petitioner of all debts and obligations contracted by him for which he was liable at the date of sequestration