RICHARD N.M. ANDERSON AS EXECUTOR NOMINATE OF THE LATE MRS PATRICIA ANDERSON [2014] ScotCS CSIH_73 (26 August 2014)

RICHARD N.M. ANDERSON AS EXECUTOR NOMINATE OF THE LATE MRS PATRICIA ANDERSON [2014] ScotCS CSIH_73 (26 August 2014)

Petition is incompetent and irrelevant; nobile officium cannot be exercised where another remedy exists; reduction of summary decree is not available after refusal of leave to reclaim; enforcement of liability is not inequitable; no prima facie case disclosed.

Citation
[2014] ScotCS CSIH_73
Parties
Petitioner: Richard N M Anderson as executor nominate of the late Mrs Patricia I Anderson; Respondent: Shetland Islands Council
Jurisdiction
Scotland
Judgment Date
26 August 2014
Procedural Posture
Petition to Nobile Officium for Reduction and Suspension / Motion for Interim Interdict and Suspension Ad Interim
Outcome
motion for interim interdict and suspension refused
Legal Topics
Reduction of Decree, Suspension of Diligence, Nobile Officium, Summary Decree, Judicial Review, Expenses and Costs, Interim Interdict
Civil Procedure Equity Administrative Law Reduction of Decree Suspension of Diligence Nobile Officium Summary Decree Judicial Review +2 more

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Parties

Richard N M Anderson as executor nominate of the late Mrs Patricia I Anderson

Petitioner

Shetland Islands Council

Respondent

Procedural Posture

Petition to Nobile Officium for Reduction and Suspension / Motion for Interim Interdict and Suspension Ad Interim

Legal Issues

  1. 1 Whether it is inequitable to allow enforcement of summary decree when estate is practically insolvent and pursuing an illiquid claim
  2. 2 Whether the petition discloses a prima facie case for reduction of summary decree
  3. 3 Competence and relevance of petition to nobile officium for reduction of decree

Ratio Decidendi

Petition is incompetent and irrelevant; nobile officium cannot be exercised where another remedy exists; reduction of summary decree is not available after refusal of leave to reclaim; enforcement of liability is not inequitable; no prima facie case disclosed.

Court Disposition

motion for interim interdict and suspension refused

Orders

  • motion for interim interdict and suspension ad interim refused