THE ACCOUNTANT IN BANKRUPTCY AGAINST (FIRST) GRAEME ALLAN (SECOND) ANNA RAGNARSSON [2022] SC DUN 17 (14 June 2022)

THE ACCOUNTANT IN BANKRUPTCY AGAINST (FIRST) GRAEME ALLAN (SECOND) ANNA RAGNARSSON [2022] SC DUN 17 (14 June 2022)

No consideration was given by the Second Defender for the First Defender's renunciation or discharge of his right to the property transfer order. The 2017 Disposition did not implement the property transfer order as intended but instead transferred the whole title to both Defenders, bypassing the First Defender's acquisition. As no property was conveyed by the bankrupt to the transferee for consideration, the alienation was gratuitous and falls to be reduced under section 98(5)(a) of the Bankruptcy (Scotland) Act 2016.

Citation
[2022] SC DUN 17
Parties
Pursuer: The Accountant in Bankruptcy; First Defender: Graeme Allan; Second Defender: Anna Ragnarsson
Jurisdiction
Scotland
Judgment Date
14 June 2022
Procedural Posture
Civil / Judgment After Debate
Outcome
Decree granted for reduction of the 2017 Disposition and order for transfer of title to the Pursuer.
Legal Topics
Gratuitous Alienation, Sequestration, Adequate Consideration, Reduction of Disposition, Trustee in Bankruptcy Powers
Insolvency Family Law Property Law Gratuitous Alienation Sequestration Adequate Consideration Reduction of Disposition Trustee in Bankruptcy Powers

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Accountant in Bankruptcy

Pursuer

Graeme Allan

First Defender

Anna Ragnarsson

Second Defender

Procedural Posture

Civil / Judgment After Debate

Legal Issues

  1. 1 Whether the 2017 Disposition was a gratuitous alienation under section 98 of the Bankruptcy (Scotland) Act 2016
  2. 2 Whether any consideration was given for the alienation
  3. 3 If so, whether the consideration was adequate

Ratio Decidendi

No consideration was given by the Second Defender for the First Defender's renunciation or discharge of his right to the property transfer order. The 2017 Disposition did not implement the property transfer order as intended but instead transferred the whole title to both Defenders, bypassing the First Defender's acquisition. As no property was conveyed by the bankrupt to the transferee for consideration, the alienation was gratuitous and falls to be reduced under section 98(5)(a) of the Bankruptcy (Scotland) Act 2016.

Court Disposition

Decree granted for reduction of the 2017 Disposition and order for transfer of title to the Pursuer.

Orders

  • The 2017 Disposition is reduced.
  • Title to Hawick Drive to be transferred to the Pursuer.