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[2] In this commercial action the pursuer seeks to recover from the defender £2,200,000 averred to have been paid by the company to the defender during the period between 18 May 2011and 19 August 2011, and £650,000 said to have been paid by the company to agents of the defender on 5 January 2011. The pursuer avers that the payments were gratuitous alienations in terms of s. 242 of the Insolvency Act 1986.
[3] The action was signetted on 2 July 2014. Service of the summons was effected on 9 July 2014 by messengers-at-arms delivering a service copy summons to the defender’s wife at Culter House, Coulter, Biggar. In Condescendence 1 the pursuer avers:
“The defender is David Charles Allen, residing at Culter House, Coulter, Biggar, ML12 6PZ. He has been resident in Scotland for more than three months prior to the raising of this action. He is domiciled there. This Court accordingly has jurisdiction.”
“1. Ante Omnia, the defender not being resident within the jurisdiction of this Court and the Company being registered in England this Court has no jurisdiction and these proceedings should be dismissed.”
[4] On 11 and 12 November 2014 I heard a preliminary proof on the question of jurisdiction.
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