THE INSTITUTE OF CHARTERED ACCOUNTANTS OF SCOTLAND v. STEVEN CAMERON KAY FOR SEQUESTRATION OF THE ESTATES OF A JUDICIAL FACTOR

for sequestration of the estates of the respondent and the appointment of a judicial factor

The petitioners aver that, despite their actions, they understand that the respondent continues to carry on business and to hold himself out as a CA. This understanding seems to have been partly gleaned through a telephone conversation with his secretary. The petitioners have also received further complaints about the petitioner failing to hand over files to substitute accountants. They then aver :

"That in the circumstances the petitioners respectfully submit that it is necessary for the protection of the respondent's clients that steps should be taken to bring the respondent's practice under independent control as a matter of urgency. They accordingly submit that a judicial factor should be appointed ad interim and that sequestration of the respondent's estates should be made. A judicial factor would be able, inter alia, to transmit books, papers and records to the new Chartered Accountants appointed by clients in place of the respondent."

"to be Judicial Factor ad interim upon the estate of the [respondent] and for that purpose to sequestrate the respondent's estates ad interim ."

It continues by seeking the appointment of the same person as judicial factor and "for that purpose to sequestrate the estates of the respondent". The remedy sought therefore against the respondent for allegedly carrying on business and holding himself out as a CA is to sequestrate his whole estate immediately and to appoint a factor over it also immediately.