Train & M'Intyre, Ltd Petitioners [1923] ScotLR 193 (10 January 1923)
The Court granted authority for late recording of the abbreviate, holding that such authority may be given where the omission was inadvertent, but reserving all objections to the validity of the sequestration for interested parties.
- Citation
- [1923] ScotLR 193
- Parties
- Petitioner: Train & M'Intyre, Limited; Debtor: Neil Robinson
- Jurisdiction
- Scotland
- Judgment Date
- 10 January 1923
- Procedural Posture
- Petition for Sequestration / Application for Authority to Record Abbreviate Out of Time
- Outcome
- application granted
- Legal Topics
- Sequestration, Failure to Record Abbreviate, Bankruptcy (scotland) Act 1913 Section 44, Register of Inhibitions
Case Brief
Summary, issues, holding and outcome
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Parties
Train & M'Intyre, Limited
Petitioner
Neil Robinson
Debtor
Procedural Posture
Petition for Sequestration / Application for Authority to Record Abbreviate Out of Time
Legal Issues
- 1 Whether the Court can authorise late recording of an abbreviate of a sequestration petition in the Register of Inhibitions under the Bankruptcy (Scotland) Act 1913, section 44, when the statutory period has been missed per incuriam.
Ratio Decidendi
The Court granted authority for late recording of the abbreviate, holding that such authority may be given where the omission was inadvertent, but reserving all objections to the validity of the sequestration for interested parties.
Court Disposition
application granted
Orders
- Petition amended as proposed at the bar.
- Warrant granted to Keeper of the Register of Inhibitions to receive and record the abbreviate within three days.
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