UK: Scotland: liquidator's remuneration and the court's discretion

Lord Glennie delivered his opinion yesterday in Spicer and Cork, Noters, for remuneration [2011] CSOH 87 - see here - and considered the discretion of the court when determining the remuneration of liquidators. With reference to authorities in England, New Zealand and Australia, Lord Glennie held that where remuneration is not fixed by a liquidation committee the court has a general discretion to fix the remuneration payable to a liquidator and, when setting the level of that remuneration, to reflect a sanction for any breach by the liquidator of his duties.