MR Z AGAINST MS X [2023] ScotCS CSIH_40 (10 November 2023)

MR Z AGAINST MS X [2023] ScotCS CSIH_40 (10 November 2023)

The Lord Ordinary was entitled to consider both parties' income and capital resources, including the reservoir, in assessing liability for school fees. While there was an error in focusing on past resources for the pre-July 2022 period, the overall decision was justified by the circumstances and the error did not affect the fairness of the outcome. The award of expenses was within the Lord Ordinary's discretion given the lack of meaningful settlement offers and Mr Z's failure to make full disclosure.

Citation
[2023] ScotCS CSIH_40
Parties
Defender/reclaimer: Mr Z; Pursuer/respondent: Ms X
Jurisdiction
Scotland
Judgment Date
10 November 2023
Procedural Posture
Family Law Reclaiming Motion (appeal) / Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome
Reclaiming motion refused
Legal Topics
Aliment, School Fees, Variation of Aliment Agreement, Assessment of Resources, Expenses in Family Proceedings
Family Law Aliment School Fees Variation of Aliment Agreement Assessment of Resources Expenses in Family Proceedings

Case Brief

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Parties

Mr Z

Defender/reclaimer

Ms X

Pursuer/respondent

Procedural Posture

Family Law Reclaiming Motion (appeal) / Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether the Lord Ordinary erred in assessing Mr Z's liability for school fees based on past rather than present and foreseeable resources
  2. 2 Whether the Lord Ordinary erred in identifying the reservoir as a realisable resource for payment of school fees
  3. 3 Whether the Lord Ordinary's award of expenses (seven eighths) against Mr Z was justified

Ratio Decidendi

The Lord Ordinary was entitled to consider both parties' income and capital resources, including the reservoir, in assessing liability for school fees. While there was an error in focusing on past resources for the pre-July 2022 period, the overall decision was justified by the circumstances and the error did not affect the fairness of the outcome. The award of expenses was within the Lord Ordinary's discretion given the lack of meaningful settlement offers and Mr Z's failure to make full disclosure.

Court Disposition

Reclaiming motion refused

Orders

  • Mr Z to pay all of James' and Diana's school fees (at specified rates) up to 4 July 2022
  • Mr Z to pay one sixth of school fees for all three children from 4 July 2022 onwards