Accountant in Bankruptcy v Farrell

Bankruptcy – Sequestration – Gratuitous alienation – Human rights. Court of Session: In an action in which the trustee in sequestration of a debtor sought payment from his former wife of a sum he transferred to her prior to his sequestration, contending it was a gratuitous alienation, the court rejected the defender's contention that the provisions of s 34(4) of the Bankruptcy (Scotland) Act 1985 were incompatible with her rights and those of her family under arts 6, 8 and 14 of, and art 1 of the First Protocol to, the European Convention on Human Rights, and it held that the pleadings constituting the defender's positive defence to the action were irrelevant.

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