JULIE ANNE PHILLIPS OR ZELENT (AP) v. ALAN SAVAGE [2012] ScotSC 38 (14 March 2012)

The pursuer sustained no economic disadvantage in the interests of the defender and the defender derived no economic advantage from the pursuer's contributions. The pursuer is not entitled to a capital sum under Section 28(2)(a) of the Family Law (Scotland) Act 2006.

Citation: [2012] ScotSC 38
Parties: Pursuer: Julie Anne Phillips or Zelent; Defender: Alan Savage
Jurisdiction: Scotland
Judgment Date: 14 March 2012
Procedural Posture: Civil (family Law) / Judgment After Proof Before Answer
Outcome: Pursuer's claims dismissed; decree of absolvitor granted in favour of the defender.
Legal Topics: Cohabitation, Economic Disadvantage, Capital Sum, Section 28 Family Law (scotland) Act 2006

Family Law Cohabitation Economic Disadvantage Capital Sum Section 28 Family Law (scotland) Act 2006

Case Brief

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Parties

Julie Anne Phillips or Zelent

Pursuer

Alan Savage

Defender

Procedural Posture

Civil (family Law) / Judgment After Proof Before Answer

Legal Issues

1 Whether the pursuer suffered economic disadvantage in the interests of the defender during cohabitation
2 Whether the defender derived economic advantage from the pursuer's contributions
3 Whether the pursuer is entitled to a capital sum under Section 28(2)(a) of the Family Law (Scotland) Act 2006

Ratio Decidendi

Court Disposition

Pursuer's claims dismissed; decree of absolvitor granted in favour of the defender.

Orders

Repels the pursuer's first, second and third pleas in law.
Sustains the defender's third plea in law.