RICHARD EDWARD GARRAD v. ROSEMARIE INGLIS [2013] ScotSC 101 (12 December 2013)

RICHARD EDWARD GARRAD v. ROSEMARIE INGLIS [2013] ScotSC 101 (12 December 2013)

The parties ceased to cohabit as husband and wife by the end of April 2011, as evidenced by the defender's legal and financial actions, communications, and the nature of their relationship after that date. The pursuer's application, lodged on 8 August 2012, was therefore out of time under section 28(8) of the Family Law (Scotland) Act 2006, and the action is dismissed as time-barred.

Citation
[2013] ScotSC 101
Parties
Pursuer: Richard Edward Garrad; Defender: Rosemarie Inglis
Jurisdiction
Scotland
Judgment Date
12 December 2013
Procedural Posture
Family Law (cohabitation) Action / Judgment After Preliminary Proof on Time Bar Issue
Outcome
Action dismissed as time-barred.
Legal Topics
Cohabitation, Time Bar, Section 28 Family Law (scotland) Act 2006, Separation, Financial Provision on Cessation of Cohabitation
Family Law Cohabitation Time Bar Section 28 Family Law (scotland) Act 2006 Separation Financial Provision on Cessation of Cohabitation

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Parties

Richard Edward Garrad

Pursuer

Rosemarie Inglis

Defender

Procedural Posture

Family Law (cohabitation) Action / Judgment After Preliminary Proof on Time Bar Issue

Legal Issues

  1. 1 Whether the pursuer's claim for a capital sum under section 28 of the Family Law (Scotland) Act 2006 is time-barred by section 28(8)
  2. 2 Determination of the date on which the parties ceased to cohabit as husband and wife

Ratio Decidendi

The parties ceased to cohabit as husband and wife by the end of April 2011, as evidenced by the defender's legal and financial actions, communications, and the nature of their relationship after that date. The pursuer's application, lodged on 8 August 2012, was therefore out of time under section 28(8) of the Family Law (Scotland) Act 2006, and the action is dismissed as time-barred.

Court Disposition

Action dismissed as time-barred.

Orders

  • Sustains the defender's third plea-in-law and dismisses the action.
  • Appoints the cause to a hearing on 9 December 2013 at 12 noon to deal with the question of expenses.