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Dundee property developer Mark Harris told to pay court expenses

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A Dundee businessman challenging a bankruptcy suit has been told he must pay expenses for a debate he raised in the wrong court.

Mark Harris had launched a legal bid to have his bankruptcy quashed due to “incompetent” serving of sequestration papers.

His lawyers raised the action at Dundee Sheriff Court earlier this month and were told by Sheriff Alastair Brown that he should firstly have applied to the Court of Session in Edinburgh for reduction.

On Monday, his solicitor Stuart Hunter told the court: “An action for reduction has been lodged at the Court of Session.”

David Wilson, agent for AIB Group UK PLC, whose application for sequestration was granted by Sheriff Tom Hughes at Dundee last year, claimed expenses for the previous debate should be paid by Harris.

Sheriff Brown said: “The position is that Mr Harris mistook his forum. He should have raised his action in the Court of Session in the first place.

“I find him liable to the respondents for the expenses in the debate.”

Sheriff Brown sisted the application.