JESSAMINE WATSON GOW v. ANGUS GRANT [2009] ScotSC 183 (15 December 2009)

JESSAMINE WATSON GOW v. ANGUS GRANT [2009] ScotSC 183 (15 December 2009)

The pursuer suffered a net economic disadvantage in the interests of the defender by selling her home and contributing financially and non-financially to the relationship, which was not offset by any economic advantage derived from the defender's contributions. Compensation is appropriate under section 28(2)(a) of the Family Law (Scotland) Act 2006, and the sum of £39,500 is awarded to the pursuer.

Citation
[2009] ScotSC 183
Parties
Pursuer: Jessamine Watson Gow; Defender: Angus Grant
Jurisdiction
Scotland
Judgment Date
15 December 2009
Procedural Posture
Family Law Cohabitation Claim / Judgment After Proof (trial)
Outcome
Pursuer entitled to compensation for economic disadvantage; hearing appointed to determine payment terms and expenses.
Legal Topics
Cohabitation, Economic Disadvantage, Financial Provision on Relationship Breakdown, Compensation for Loss, Section 28 Family Law (scotland) Act 2006
Family Law Cohabitation Economic Disadvantage Financial Provision on Relationship Breakdown Compensation for Loss Section 28 Family Law (scotland) Act 2006

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Parties

Jessamine Watson Gow

Pursuer

Angus Grant

Defender

Procedural Posture

Family Law Cohabitation Claim / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer suffered economic disadvantage in the interests of the defender during cohabitation under section 28 of the Family Law (Scotland) Act 2006
  2. 2 Whether the defender derived economic advantage from the pursuer's contributions
  3. 3 How to quantify compensation for economic disadvantage

Ratio Decidendi

The pursuer suffered a net economic disadvantage in the interests of the defender by selling her home and contributing financially and non-financially to the relationship, which was not offset by any economic advantage derived from the defender's contributions. Compensation is appropriate under section 28(2)(a) of the Family Law (Scotland) Act 2006, and the sum of £39,500 is awarded to the pursuer.

Court Disposition

Pursuer entitled to compensation for economic disadvantage; hearing appointed to determine payment terms and expenses.

Orders

  • Pursuer found to have suffered economic disadvantage in the interests of the defender to the extent of £39,500.
  • Parties appointed to be heard on the terms of section 28(7) of the Family Law (Scotland) Act 2006 and on the question of expenses.