McAuley or Chalmers v Chalmers [2015] ScotCS CSIH_75 (27 October 2015)

McAuley or Chalmers v Chalmers [2015] ScotCS CSIH_75 (27 October 2015)

A forged disposition is wholly void and must be reduced unless the pursuer expressly or impliedly authorised or adopted the forgery, which did not occur. The Lord Ordinary erred in law by exercising discretion and taking irrelevant factors into account. The pursuer is entitled to decree of reduction.

Citation
[2015] ScotCS CSIH_75
Parties
Pursuer and Reclaimer: Therese Margaret McAuley or Chalmers; Defender and Respondent: Chris John Williams Chalmers
Jurisdiction
Scotland
Judgment Date
27 October 2015
Procedural Posture
Reclaiming Motion (appeal) in Civil Action for Reduction and Interdict / Appeal Decision
Outcome
reclaiming motion allowed; interlocutors recalled; decree of reduction granted; case continued for further hearing on interdict and expenses
Legal Topics
Forged Disposition, Reduction of Deed, Personal Bar, Matrimonial Property, Fraud, Land Registration
Property Law Family Law Civil Procedure Forged Disposition Reduction of Deed Personal Bar Matrimonial Property Fraud +1 more

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Parties

Therese Margaret McAuley or Chalmers

Pursuer and Reclaimer

Chris John Williams Chalmers

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) in Civil Action for Reduction and Interdict / Appeal Decision

Legal Issues

  1. 1 Whether a forged disposition is void and must be reduced unless exceptional circumstances exist
  2. 2 Whether the pursuer is personally barred from seeking reduction due to the divorce minute of agreement
  3. 3 Whether the defender acted in good faith and with clean hands

Ratio Decidendi

A forged disposition is wholly void and must be reduced unless the pursuer expressly or impliedly authorised or adopted the forgery, which did not occur. The Lord Ordinary erred in law by exercising discretion and taking irrelevant factors into account. The pursuer is entitled to decree of reduction.

Court Disposition

reclaiming motion allowed; interlocutors recalled; decree of reduction granted; case continued for further hearing on interdict and expenses

Orders

  • Recall of interlocutors dated 7 November 2014 and 5 December 2014
  • Grant of decree of reduction