McAuley or Chalmers v Chalmers (otherwise Christopher Chalmers) [2014] ScotCS CSOH_161 (07 November 2014)

McAuley or Chalmers v Chalmers (otherwise Christopher Chalmers) [2014] ScotCS CSOH_161 (07 November 2014)

The disposition was forged, but the pursuer never had a beneficial interest in the property, and delayed raising the action until after the divorce to gain an advantage. The defender did not participate in the fraud on the pursuer. In these circumstances, the court refused to grant decree of reduction, sustaining the defender's plea of personal bar.

Citation
[2014] ScotCS CSOH_161
Parties
Pursuer: Therese Margaret McAuley or Chalmers; Defender: Chris John Williams Chalmers (otherwise Christopher Chalmers)
Jurisdiction
Scotland
Judgment Date
07 November 2014
Procedural Posture
Action of Reduction of a Disposition / Judgment After Proof
Outcome
Decree of reduction refused; defender's second plea in law sustained; other pleas repelled; expenses reserved.
Legal Topics
Forgery of Disposition, Reduction of Title, Trusts and Beneficial Ownership, Matrimonial Property, Personal Bar, Partnership Assets
Property Law Family Law Partnership Law Forgery of Disposition Reduction of Title Trusts and Beneficial Ownership Matrimonial Property Personal Bar +1 more

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Parties

Therese Margaret McAuley or Chalmers

Pursuer

Chris John Williams Chalmers (otherwise Christopher Chalmers)

Defender

Procedural Posture

Action of Reduction of a Disposition / Judgment After Proof

Legal Issues

  1. 1 Whether the disposition transferring 38 Hotspur Street to the defender should be reduced due to forgery of the pursuer's signature
  2. 2 Whether the property was an asset of the partnership Rentier Property
  3. 3 Whether the pursuer is personally barred from seeking reduction due to the divorce settlement

Ratio Decidendi

The disposition was forged, but the pursuer never had a beneficial interest in the property, and delayed raising the action until after the divorce to gain an advantage. The defender did not participate in the fraud on the pursuer. In these circumstances, the court refused to grant decree of reduction, sustaining the defender's plea of personal bar.

Court Disposition

Decree of reduction refused; defender's second plea in law sustained; other pleas repelled; expenses reserved.

Orders

  • Refusal of decree of reduction of the disposition transferring 38 Hotspur Street to the defender
  • Repelling of defender's third and fourth pleas in law and pursuer's pleas in law