Scottish Water Business Stream Ltd v McMath

Bankruptcy – Sequestration – Warrant to cite. Sheriff Court: In a petition for sequestration in which the petitioner sought warrant to cite the debtor, the sum charged for being £1,997.36 and the debt referred to in the creditor's oath being £3,539.22, the increase being vouched by unpaid invoices issued subsequent to the sums due in terms of the charge for payment, as far as the court was aware there was no binding authority of the Sheriff Appeal Court or Inner House that required it to refuse warrant to cite the debtor where the sum in the decree constituting the basis for apparent insolvency was less than £3,000; as the matter was not free from doubt it would not be appropriate to refuse warrant to cite because such a decision would preclude the petition being brought into court and prevent the petitioner exercising its right of access to the court, and it would arguably have no right of appeal against that decision.

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