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Enforcement of adjudicator's decision refused due to "balancing accounts" principle in Scottish insolvency
Practical Law UK Legal Update Case Report 4-540-1967 (Approx. 4 pages)
Enforcement of adjudicator's decision refused due to "balancing accounts" principle in Scottish insolvency
In Heis and others v Perth & Kinross Council [2013] ScotCS CSOH 149, in the Court of Session, Lord Malcolm held that the principle of "balancing accounts" in insolvency was a defence to the enforcement of an adjudicator's decision. The adjudicator had also failed to "exhaust her jurisdiction" as the issue had been raised as a defence, but was not addressed in her decision.
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Resource ID 4-540-1967© 2024 Thomson Reuters. All rights reserved.
Published on 09-Sep-2013
Resource Type Legal update: case report
Jurisdiction
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