Grimshaw v Bruce [2011] ScotCS CSOH_212 (09 December 2011)

Grimshaw v Bruce [2011] ScotCS CSOH_212 (09 December 2011)

Section 55 of the Bankruptcy (Scotland) Act 1985 operates to discharge all debts and obligations, including delictual obligations for personal injury, incurred at the date of sequestration unless expressly excepted; such obligations are not contingent and failure to disclose does not prevent discharge.

Citation
[2011] ScotCS CSOH_212
Parties
Pursuer: Andrew Callan Grimshaw; Defender: Kenneth Bruce
Jurisdiction
Scotland
Judgment Date
09 December 2011
Procedural Posture
Personal Injury Damages / Procedure Roll Debate, Motion for Decree of Absolvitor
Outcome
decree of absolvitor granted
Legal Topics
Sequestration Discharge, Delictual Obligation, Statutory Interpretation
Bankruptcy Personal Injury Employment Sequestration Discharge Delictual Obligation Statutory Interpretation

Case Brief

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Parties

Andrew Callan Grimshaw

Pursuer

Kenneth Bruce

Defender

Procedural Posture

Personal Injury Damages / Procedure Roll Debate, Motion for Decree of Absolvitor

Legal Issues

  1. 1 Does discharge from sequestration under Section 55 of the Bankruptcy (Scotland) Act 1985 extinguish a personal injury reparation obligation incurred prior to sequestration?
  2. 2 Is a delictual obligation to make reparation for personal injury a contingent debt under Scottish bankruptcy law?
  3. 3 Does failure to disclose a debt to the trustee affect discharge under Section 55?

Ratio Decidendi

Section 55 of the Bankruptcy (Scotland) Act 1985 operates to discharge all debts and obligations, including delictual obligations for personal injury, incurred at the date of sequestration unless expressly excepted; such obligations are not contingent and failure to disclose does not prevent discharge.

Court Disposition

decree of absolvitor granted

Orders

  • decree of absolvitor pronounced in favour of defender