Lea and Others Petitioners [1920] ScotLR 242 (06 February 1920)

Lea and Others Petitioners [1920] ScotLR 242 (06 February 1920)

The Court held that publication of notice in the Gazette may occur concurrently with intimation of the petition and the period for lodging answers, satisfying the requirements of section 13(3)(a) of the Assurance Companies Act 1909.

Citation
[1920] ScotLR 242
Parties
Petitioner: Sir Thomas Sidney Lea, Bart., and others, directors of the United Sickness and Accident General Insurance Company, Limited; Transferor Company: United Sickness and Accident General Insurance Company, Limited; Transferee Company: United General Commercial Insurance Corporation, Limited
Jurisdiction
Scotland
Judgment Date
06 February 1920
Procedural Posture
Petition for Court Sanction of Insurance Business Transfer / Interlocutory Order on Notice and Procedure
Outcome
interlocutory order granted
Legal Topics
Transfer of Insurance Business, Court Sanction Procedure, Notice Requirements, Assurance Companies Act 1909
Insurance Law Company Law Procedural Law Transfer of Insurance Business Court Sanction Procedure Notice Requirements Assurance Companies Act 1909

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Parties

Sir Thomas Sidney Lea, Bart., and others, directors of the United Sickness and Accident General Insurance Company, Limited

Petitioner

United Sickness and Accident General Insurance Company, Limited

Transferor Company

United General Commercial Insurance Corporation, Limited

Transferee Company

Procedural Posture

Petition for Court Sanction of Insurance Business Transfer / Interlocutory Order on Notice and Procedure

Legal Issues

  1. 1 Whether notice of intention to apply for court sanction of insurance business transfer must precede petition or may be concurrent with intimation and answer period under Assurance Companies Act 1909, section 13

Ratio Decidendi

The Court held that publication of notice in the Gazette may occur concurrently with intimation of the petition and the period for lodging answers, satisfying the requirements of section 13(3)(a) of the Assurance Companies Act 1909.

Court Disposition

interlocutory order granted

Orders

  • Petition to be intimated on the walls and in the minute book in common form.
  • Notice of the presentation of the petition to be given once in the Edinburgh Gazette as required by section 13(3)(a) of the Assurance Companies Act 1909.