Glasgow & West Scotland

Bankrupt Derek Carlyle handed longest ever restriction order

A man who spent thousands of pounds on travelling, drinking and partying has been handed the longest Bankruptcy Restriction Order ever imposed by a Scottish court.

The 12-year BRO was placed on Derek Carlyle at Hamilton Sheriff Court.

The order offers creditors protection where a court decides debtors may be irresponsible or unscrupulous.

Mr Carlyle sold a property in 2008 for almost £564,000, but was declared bankrupt the following year.

Cash withdrawals

That move came following a court petition by Jewson builders' merchants.

Mr Carlyle, from Hamilton, South Lanarkshire, had sold a development property in nearby Bothwell in August 2008.

Shortly afterwards he deposited £563,941 in his father's bank account - an account he controlled.

The deposit was transferred from this account to other bank accounts held by family members and associates of Mr Carlyle, and was later removed through cash withdrawals.

'Severity of misconduct'

When asked in court to account for this money - which could have been used to repay his creditors - he said he had given money to his mother, paid some legal fees and spent the remainder on an extravagant lifestyle including travelling, drinking and partying.

The BRO was secured by Accountant in Bankruptcy (AiB), the government agency responsible for administering the process of personal bankruptcy in Scotland.

It was granted on three separate grounds relating to the transfer of assets, failure to account and non-co-operation with a trustee appointed after bankruptcy.

AiB chief executive, Rosemary Winter-Scott, said: "A sheriff has the discretion to impose a BRO for up to 15 years and the severity of the misconduct in this case has resulted in the longest term to date."

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