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Scotland Case Law

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Bankruptcy [2025] ScotIC 301_2025

Accountant in Bankruptcy (Complaint in relation to a specified sequestration)

Accountant in Bankruptcy (Complaint in relation to a specified sequestration) [2025] ScotIC 301_2025 (16 December 2025)

The Commissioner dismissed a complaint seeking disclosure of information about a specified sequestration, holding the material exempt under FOISA.

  • Sequestration
  • Freedom of information
  • Freedom-of-information
  • Bankruptcy
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Property law [2025] SCAIR 86

G.F. Lavender Investments LTD against John Aire and others (Sheriff Court Civil)

G.F. Lavender Investments LTD against John Aire and others (Sheriff Court Civil) [2025] SCAIR 86 (09 September 2025)

Sheriff Livingston granted decree enforcing a standard security over a Coatbridge home, but delayed eviction for 18 months because of the occupiers’ circumstances.

  • Standard security enforcement
  • Calling up notice validity
  • Assignation of security
  • Reasonableness of eviction
  • Rights of occupiers vs. entitled residents
  • Standard-security-enforcement
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Bankruptcy [2025] SCABE 31

Richard Gordon Bathgate against David Black and Jennifer Black (Sheriff Court Civil)

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

The sheriff granted the trustee authority to sell the respondents’ family home, finding their objections lacked sufficient relevancy and specification, but delayed entry until 10 October 2025.

  • Sequestration
  • Trustee powers
  • Sale of family home
  • Relevancy and specification of pleadings
  • Creditor interests
  • Bankruptcy
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Bankruptcy [2024] SACCIV 35

Appeal in the cause The Accountant in Bankruptcy as Trustee of the Sequestrated Estate of Peter Davies against Krystyna Sieroslawski as Executrix Nominate of the Sequestrated Estate of Peter Davies (Sheriff Appeal Court Civil)

Appeal in the cause The Accountant in Bankruptcy as Trustee of the Sequestrated Estate of Peter Davies against Krystyna Sieroslawski as Executrix Nominate of the Sequestrated Estate of Peter Davies (Sheriff Appeal Court Civil) [2024] SACCIV 35 (26 July 2024)

Sheriff Appeal Court allowed a trustee’s appeal and authorized sale of a bankrupt debtor’s heritable property, finding the sheriff had erred in procedure and discretion.

  • Trustee's power to sell heritable property
  • Family home in sequestration
  • Statutory interpretation of bankruptcy (scotland) act 1985
  • Admissibility of affidavit evidence
  • Discretion under section 40(2)
  • Bankruptcy
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Bankruptcy [2024] ScotSAC Civ 22

FARZANA ASHRAF v RICHARD DENNIS, THE ACCOUNTANT IN BANKRUPTCY

FARZANA ASHRAF v RICHARD DENNIS, THE ACCOUNTANT IN BANKRUPTCY [2024] ScotSAC Civ 22 (22 May 2024)

The Sheriff Appeal Court dismissed an appeal against sequestration, holding that the statutory requirements were met and no procedural defect invalidated the order.

  • Personal bankruptcy
  • Appeal against sequestration
  • Statutory interpretation
  • Bankruptcy
  • Insolvency
  • Sequestration
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Bankruptcy [2023] ScotSAC Civ 5

ANDREW SPEIGHT v ACCOUNTANCY IN BANKRUPTCY

ANDREW SPEIGHT v ACCOUNTANCY IN BANKRUPTCY [2023] ScotSAC Civ 5 (09 January 2023)

A Scottish civil appeal in bankruptcy was dismissed after the court found no error of law or procedural unfairness in the sheriff’s decision.

  • Appeal against bankruptcy decision
  • Procedural fairness
  • Bankruptcy
  • Civil-procedure
  • Procedural-fairness
  • Appeals
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Bankruptcy [2022] ScotSAC Civ 21

APPEAL BY SAMANTHA WARBURTON v THE ACCOUNTANCY IN BANKRUPTCY

APPEAL BY SAMANTHA WARBURTON v THE ACCOUNTANCY IN BANKRUPTCY [2022] ScotSAC Civ 21 (06 July 2022)

The Sheriff Appeal Court refused Samantha Warburton’s appeal against sequestration, holding that the sheriff made no legal error and that procedural fairness was observed.

  • Appeal against bankruptcy decision
  • Procedural fairness
  • Bankruptcy
  • Civil-appeals
  • Procedural-fairness
  • Sequestration
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Bankruptcy [2022] SC EDIN 20

ROBERT CRAWFORD AGAINST DR RICHARD DENNIS THE ACCOUNTANT IN BANKRUPTCY AS THE DAS ADMINISTRATOR

ROBERT CRAWFORD AGAINST DR RICHARD DENNIS THE ACCOUNTANT IN BANKRUPTCY AS THE DAS ADMINISTRATOR [2022] SC EDIN 20 (06 May 2022)

The sheriff court dismissed Robert Crawford’s challenge to the DAS Administrator’s handling of his Debt Arrangement Scheme, holding the administrator acted within statutory powers.

  • Debt arrangement scheme
  • Bankruptcy administration
  • Debt-arrangement-scheme
  • Bankruptcy-administration
  • Scottish-sheriff-court
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Bankruptcy [2022] SC EDIN 20

ROBERT CRAWFORD AGAINST DR RICHARD DENNIS THE ACCOUNTANT IN BANKRUPTCY AS THE DAS ADMINISTRATOR

ROBERT CRAWFORD AGAINST DR RICHARD DENNIS THE ACCOUNTANT IN BANKRUPTCY AS THE DAS ADMINISTRATOR [2022] SC EDIN 20 (06 May 2022)

The sheriff court dismissed a challenge to the DAS Administrator’s handling of a Debt Arrangement Scheme matter, finding the administrator acted within statutory powers.

  • Debt arrangement scheme
  • Bankruptcy administration
  • Debt-arrangement-scheme
  • Bankruptcy-administration
  • Scottish-sheriff-court
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Bankruptcy [2021] SC EDIN 64

APPEAL BY SAMANTHA WARBURTON AGAINST A DIRECTION BY THE ACCOUNTANT IN BANKRUPTCY

APPEAL BY SAMANTHA WARBURTON AGAINST A DIRECTION BY THE ACCOUNTANT IN BANKRUPTCY [2021] SC EDIN 64 (09 December 2021)

The sheriff court refused Samantha Warburton’s appeal against a direction made by the Accountant in Bankruptcy, finding it lawful and procedurally fair.

  • Appeal against direction
  • Bankruptcy administration
  • Bankruptcy
  • Bankruptcy-administration
  • Appeal-against-direction
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.