White Cross Insurance Association, Ltd, and Another Petitioners [1924] ScotLR 281 (05 February 1924)

White Cross Insurance Association, Ltd, and Another Petitioners [1924] ScotLR 281 (05 February 1924)

The Court refused to ratify the late-recorded abbreviate as it was not timeously lodged and thus had no legal effect, but granted authority for the petitioners to transmit and record a new abbreviate within two days, exercising the nobile officium to correct the procedural error without prejudice to creditors.

Citation
[1924] ScotLR 281
Parties
Petitioner: White Cross Insurance Association, Limited; Petitioner: Thomas Campbell; Bankrupt: Daniel Livingstone Maclachlan
Jurisdiction
Scotland
Judgment Date
05 February 1924
Procedural Posture
Petition for Nobile Officium in Bankruptcy Proceedings / Final Judgment on Petition
Outcome
Petition granted in part; first alternative prayer refused, second alternative prayer granted.
Legal Topics
Sequestration, Recording of Abbreviate, Nobile Officium, Statutory Compliance
Bankruptcy Civil Procedure Sequestration Recording of Abbreviate Nobile Officium Statutory Compliance

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Parties

White Cross Insurance Association, Limited

Petitioner

Thomas Campbell

Petitioner

Daniel Livingstone Maclachlan

Bankrupt

Procedural Posture

Petition for Nobile Officium in Bankruptcy Proceedings / Final Judgment on Petition

Legal Issues

  1. 1 Whether the Court can ratify a late-recorded abbreviate of sequestration under the Bankruptcy (Scotland) Act 1913, sec. 44
  2. 2 Whether the Court should authorise the petitioners to transmit and record a new abbreviate after the statutory period has expired

Ratio Decidendi

The Court refused to ratify the late-recorded abbreviate as it was not timeously lodged and thus had no legal effect, but granted authority for the petitioners to transmit and record a new abbreviate within two days, exercising the nobile officium to correct the procedural error without prejudice to creditors.

Court Disposition

Petition granted in part; first alternative prayer refused, second alternative prayer granted.

Orders

  • Refuse the first alternative crave to ratify the already recorded abbreviate.
  • Grant authority to transmit and record a new abbreviate within two days from the date of the order.