MacLeod’s Trustee v MacLeod

April 29, 2009 | No Comments

The Sheriff upheld the contention of the permanent trustee on the sequestrated estate of a debtor in an action against his wife for the division and sale of heritable subjects of which the debtor and his wife were joint proprietors, and for warrant to have the debtor, his wife and family (a son, a daughter and her partner and their 20 month old child) ejected from the property.  The sheriff held that the public interest in completing sequestrations within a reasonable period justified the interference with their Convention rights to respect for their home (Article 8 ) and property (Article 1 Protocol 1) and that the remedy of division and sale was in the circumstances compliant with the Convention.

Inheritance and Trusts Law, Insolvency and Personal Bankruptcy, Property Law, Protocol 1, Art. 1 Right to Private Property

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.