Brown v. Bayley's Trustees [1909] ScotLR 115 (17 November 1909)

Brown v. Bayley's Trustees [1909] ScotLR 115 (17 November 1909)

It is incompetent to appoint a judicial factor to manage the estate pending a sist of sequestration when a trustee is already in office; the trustee should receive directions for interim management as necessary.

Citation
[1909] ScotLR 115
Parties
Pursuer: R. A. Brown; Defenders: Bayley's Trustees
Jurisdiction
Scotland
Judgment Date
17 November 1909
Procedural Posture
Civil / Motion for Sist and Interim Management
Outcome
No order made; warning given regarding time allowed for trustee's decision after sist period.
Legal Topics
Sequestration, Deed of Arrangement, Appointment of Judicial Factor, Interim Management of Estate
Bankruptcy Insolvency Sequestration Deed of Arrangement Appointment of Judicial Factor Interim Management of Estate

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Parties

R. A. Brown

Pursuer

Bayley's Trustees

Defenders

Procedural Posture

Civil / Motion for Sist and Interim Management

Legal Issues

  1. 1 Competency of appointing a judicial factor when a trustee is already in office during a sist of sequestration with a view to a deed of arrangement

Ratio Decidendi

It is incompetent to appoint a judicial factor to manage the estate pending a sist of sequestration when a trustee is already in office; the trustee should receive directions for interim management as necessary.

Court Disposition

No order made; warning given regarding time allowed for trustee's decision after sist period.