By Peter McGladrigan

On 31 October 2018 the Supreme Court issued its judgment in the appeal of Dooneen Ltd (t/a McGinness Associates) and anor (Respondents) v Mond (Appellant) (Scotland) [2018] UKSC 54. The appeal had been brought by Mr Mond who had sought to overturn the decision of the Inner House of the Court of Session (Dooneen Ltd & Others V Mond [2016] CSIH 59).

Factual background

On 29 September 2006 Mr Davidson, the second respondent (“the Debtor”), granted a Trust Deed for the benefit of his creditors. Mr Mond (“the Trustee”) had been assumed as trustee under the Trust Deed in July 2010. The Trust Deed was a protected trust deed under the terms of the Bankruptcy (Scotland) Act 1985…