A LONG-RUNNING dispute over the occupation of an A-listed castle near Helensburgh appears to have come to an end following a ruling at Scotland's highest civil court.
The Court of Session refused a ‘reclaiming motion’ by George Amil and Marian van Overwaele against a decree ordering them to vacate Knockderry Castle in Cove following sequestration.
Mr Amil and Ms van Overwaele, who are said in the ruling to have occupied Knockderry Castle “for many years”, argued that their human rights had been breached after the decree was granted in their absence earlier this year.
Both defenders had produced medical certificates to explain their absence from the hearing, on March 30, but neither certificate was signed, and the decree in favour of the pursuer, George Lafferty, was granted on the grounds that they had “failed without reasonable excuse to attend or be represented”.
The ruling, by Lord Woolman, Lord Pentland and Lord Doherty, explains that Ms van Overwaele is the former owner of Knockderry Castle, but was sequestrated in 2000, and says that Mr Lafferty alleges the actions of Mr Amil and Ms van Overwaele have prevented him and Ms van Overwaele's creditors from possessing and selling the property.
The ruling observes that “creditors’ claims and the expenses of the trustee’s administration of the estate now amount to several hundred thousand pounds”.
It's understood to mean that the siblings have lost a legal battle dating back to Ms van Overwaele's sequestration in 2000 to avoid being evicted from the property.
The ruling can be read in full here.
Knockderry Castle is next door to, but completely separate from, the award-winning Knockderry House Hotel, currently up for sale for offers over £1.5 million.
The original Knockderry Castle was designed by Alexander ‘Greek’ Thomson in the 1850s, but the building is regarded as significant because of additions in 1896 by William Leiper for Glasgow carpet manufacturer John S. Templeton.
Leiper also designed Templeton’s famous carpet factory on Glasgow Green, inspired by the Doge’s Palace in Venice and now used as a business centre, as well as numerous properties in Helensburgh.
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