X v Y & Ors [2004] ScotSC 54 (16 August 2004)

The interlocutor did not require the defender to perform any act and thus was not an order ad factum praestandum; appeal was incompetent without leave and must be refused.

Citation: [2004] ScotSC 54
Parties: Pursuer and Appellant: X; First Named Defender and Respondent: Y; Second Named Defender and Respondent: A; Third Named Defender and Respondent: B
Jurisdiction: Scotland
Judgment Date: 16 August 2004
Procedural Posture: Appeal in Family Law (child Contact) Proceedings / Appeal Against Interlocutor at Child Welfare Hearing
Outcome: Appeal dismissed as incompetent; action dismissed against second-named defender; expenses awarded against pursuer.
Legal Topics: Child Contact, Appeal Competency, Interlocutory Orders, Expenses

Family Law Civil Procedure Child Contact Appeal Competency Interlocutory Orders Expenses

Case Brief

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Parties

Pursuer and Appellant

First Named Defender and Respondent

Second Named Defender and Respondent

Third Named Defender and Respondent

Procedural Posture

Appeal in Family Law (child Contact) Proceedings / Appeal Against Interlocutor at Child Welfare Hearing

Legal Issues

1 Whether the interlocutor of 14 June 2004 was appealable without leave as an order ad factum praestandum
2 Whether the appeal was competent without leave of the Sheriff

Ratio Decidendi

The interlocutor did not require the defender to perform any act and thus was not an order ad factum praestandum; appeal was incompetent without leave and must be refused.

Court Disposition

Appeal dismissed as incompetent; action dismissed against second-named defender; expenses awarded against pursuer.

Orders

First crave amended to remove references to second-named defender and older child.
Action dismissed quoad second-named defender.