Richard Gordon Bathgate against David Black and Jennifer Black (Sheriff Court Civil) [2025] SCABE 31 (05 March 2025)

Richard Gordon Bathgate against David Black and Jennifer Black (Sheriff Court Civil) [2025] SCABE 31 (05 March 2025)

The respondents' answers failed to meet the minimum standards of relevancy and specification required to resist the trustee's application for authority to sell the family home. No sufficient averments were made regarding hardship, health, or alternative housing that could justify refusal. The interests of creditors and the lack of cooperation by respondents supported granting the order.

Citation
[2025] SCABE 31
Parties
Applicant: Richard Gordon Bathgate; First Respondent: David Black; Second Respondent: Jennifer Black
Jurisdiction
Scotland
Judgment Date
05 March 2025
Procedural Posture
Sequestration Application (civil) / Debate on Preliminary Pleas and Application for Authority to Sell Family Home
Outcome
Application granted with condition
Legal Topics
Sequestration, Trustee Powers, Sale of Family Home, Relevancy and Specification of Pleadings, Creditor Interests
Bankruptcy Property Law Civil Procedure Sequestration Trustee Powers Sale of Family Home Relevancy and Specification of Pleadings Creditor Interests

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Parties

Richard Gordon Bathgate

Applicant

David Black

First Respondent

Jennifer Black

Second Respondent

Procedural Posture

Sequestration Application (civil) / Debate on Preliminary Pleas and Application for Authority to Sell Family Home

Legal Issues

  1. 1 Whether the trustee should be granted authority to sell the respondents' family home under section 113 of the Bankruptcy (Scotland) Act 2016
  2. 2 Whether the respondents' answers met the minimum standards of relevancy and specification to resist the application

Ratio Decidendi

The respondents' answers failed to meet the minimum standards of relevancy and specification required to resist the trustee's application for authority to sell the family home. No sufficient averments were made regarding hardship, health, or alternative housing that could justify refusal. The interests of creditors and the lack of cooperation by respondents supported granting the order.

Court Disposition

Application granted with condition

Orders

  • Authority granted to the trustee to sell the respondents' family home under section 113(1) of the Bankruptcy (Scotland) Act 2016.
  • Condition imposed that the date of entry for any sale shall not be prior to 10 October 2025.