COUNCIL of The LAW SOCIETY of SCOTLAND v McKINNIE
| Jurisdiction | Scotland |
| Judgment Date | 08 May 1991 |
| Docket Number | No. 38. |
| Date | 08 May 1991 |
| Court | Court of Session (Inner House - First Division) |
FIRST DIVISION.
BankruptcySequestrationSolicitorJudicial factor appointed to solicitor's estatesInterlocutor authorising judicial factor to divide sum at credit of solicitor's client account among his clientsSubsequent sequestration of solicitor's estates and appointment of permanent trusteeAccountant of court instructing judicial factor to hand over funds to permanent trusteeAppropriate officer to attend to task of dividing sums at credit of client accountSolicitors (Scotland) Act 1980 (cap. 46), sec. 421Bankruptcy (Scotland) Act 1985 (cap. 66), sec. 33 (1).2
Judicial factorAppointment to solicitor's estatesInterlocutor authorising judicial factor to divide sum at credit of solicitor's client account among his clientsSubsequent sequestration of solicitor's estates and appointment of permanent trusteeWhether funds at credit of client account vested in trusteeAccountant of court instructing judicial factor to hand over funds to permanent trusteeAppropriate officer to attend to task of dividing sums at credit of client accountSolicitors (Scotland) Act 1980 (cap. 46), sec. 421Bankruptcy (Scotland) Act 1985 (cap. 66), sec. 33 (1).2
SolicitorJudicial factor appointed to solicitor's estatesInterlocutor authorising judicial factor to divide sum at credit of solicitor's client account among his clientsSubsequent sequestration of solicitor's estates and appointment of permanent trusteeAccountant of court instructing judicial factor to hand over funds to permanent trusteeAppropriate officer to attend to task of dividing sums at credit of client accountSolicitors (Scotland) Act 1980 (cap. 46), sec. 421Bankruptcy (Scotland) Act 1985 (cap. 66), sec. 33 (1).2
A judicial factor was appointed to a solicitor's estates in terms of sec. 41 of the Solicitors (Scotland) 1980 Act at the instance of the Council of the Law Society of Scotland and was authorised inter alia to make payments from or out of any bank account or sum or sums lodged on deposit receipt in the name of the solicitor or his firm, subject always to the provisions of sec. 42 of the 1980 Act and to divide the sum at credit of the client account of the said solicitor or his firm, among his clients in terms of said sec. 42. Subsequently the solicitor's estates were sequestrated and a permanent trustee was appointed, the whole estate of the solicitor vesting in the trustee in terms of sec. 31 (1) of the Bankruptcy (Scotland) Act 1985. The...
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