McKinnon v Graham

McKinnon v Graham

The court upheld the application of Scottish law, finding no manifest unfairness, violation of public policy, or fundamental principle of English insolvency law, and confirmed that modified universalism applies to personal insolvency cases.

Parties
Applicant: Donald McKinnon; Respondent: Richard David Graham
Jurisdiction
England and Wales
Judgment Date
20 September 2013
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal Determination
Outcome
Permission to appeal granted; appeal dismissed; stay removed.
Legal Topics
Bankruptcy, Revesting of Property, Choice of Law, Modified Universalism, Public Policy
Insolvency Private International Law Bankruptcy Revesting of Property Choice of Law Modified Universalism Public Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Donald McKinnon

Applicant

Richard David Graham

Respondent

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal Determination

Legal Issues

  1. 1 Whether English or Scottish law should apply to the revesting of property in a cross-border UK insolvency
  2. 2 Whether the application of Scottish law offends English public policy or creates manifest unfairness
  3. 3 Whether delay or human rights arguments affect the choice of law

Ratio Decidendi

The court upheld the application of Scottish law, finding no manifest unfairness, violation of public policy, or fundamental principle of English insolvency law, and confirmed that modified universalism applies to personal insolvency cases.

Court Disposition

Permission to appeal granted; appeal dismissed; stay removed.

Orders

  • Permission to appeal is granted.
  • The appeal is dismissed.