JEAN MCGOVERN AGAINST THE SCOTTISH MINISTERS FOR SUSPENSION AND INTERDICT [2014] ScotCS CSOH_134 (28 August 2014)

JEAN MCGOVERN AGAINST THE SCOTTISH MINISTERS FOR SUSPENSION AND INTERDICT [2014] ScotCS CSOH_134 (28 August 2014)

The petitioner failed to aver any intention to seek reduction of the decree or agreement, and provided no legal or factual basis for such reduction. There was no prima facie case for reduction or for granting interim suspension and interdict. The motion was refused.

Citation
[2014] ScotCS CSOH_134
Parties
Petitioner: Jean McGovern; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
28 August 2014
Procedural Posture
Petition for Suspension and Interdict / Interim Orders Application
Outcome
Petitioner's motion for interim suspension and interdict refused.
Legal Topics
Suspension of Decree, Interdict, Proceeds of Crime Act 2002, Reduction of Agreement, Eviction
Civil Procedure Criminal Asset Recovery Suspension of Decree Interdict Proceeds of Crime Act 2002 Reduction of Agreement Eviction

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Parties

Jean McGovern

Petitioner

The Scottish Ministers

Respondents

Procedural Posture

Petition for Suspension and Interdict / Interim Orders Application

Legal Issues

  1. 1 Whether interim suspension and interdict should be granted to prevent eviction following a recovery order under the Proceeds of Crime Act 2002
  2. 2 Whether the petitioner has stated a prima facie case for reduction of the agreement and decree

Ratio Decidendi

The petitioner failed to aver any intention to seek reduction of the decree or agreement, and provided no legal or factual basis for such reduction. There was no prima facie case for reduction or for granting interim suspension and interdict. The motion was refused.

Court Disposition

Petitioner's motion for interim suspension and interdict refused.

Orders

  • Refusal of interim suspension and interdict
  • No interim orders granted