MB AGAINST JB [2014] ScotSC 89 (17 September 2014)

MB AGAINST JB [2014] ScotSC 89 (17 September 2014)

The sheriff was entitled to find, on the evidence, that the parties' cohabitation continued after January 2011 despite physical separation, as the relationship, financial arrangements, and public presentation persisted. The action was therefore raised within the statutory time limit, and the preliminary plea of time bar was correctly repelled.

Citation
[2014] ScotSC 89
Parties
Pursuer and Respondent: M. B.; Defender and Appellant: J. B.
Jurisdiction
Scotland
Judgment Date
17 September 2014
Procedural Posture
Appeal (sheriff Principal) / Appeal Against Sheriff's Interlocutor on Preliminary Issue of Time Bar Under Section 28(8) Family Law (scotland) Act 2006
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Cohabitation, Financial Provision, Limitation/time Bar, Appeal Procedure
Family Law Civil Procedure Cohabitation Financial Provision Limitation/time Bar Appeal Procedure

Case Brief

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Parties

M. B.

Pursuer and Respondent

J. B.

Defender and Appellant

Procedural Posture

Appeal (sheriff Principal) / Appeal Against Sheriff's Interlocutor on Preliminary Issue of Time Bar Under Section 28(8) Family Law (scotland) Act 2006

Legal Issues

  1. 1 Whether the pursuer's application for a capital sum under section 28 of the Family Law (Scotland) Act 2006 was commenced within the statutory one-year time limit after cessation of cohabitation
  2. 2 Whether the parties ceased to cohabit in January 2011 or later, affecting the time bar

Ratio Decidendi

The sheriff was entitled to find, on the evidence, that the parties' cohabitation continued after January 2011 despite physical separation, as the relationship, financial arrangements, and public presentation persisted. The action was therefore raised within the statutory time limit, and the preliminary plea of time bar was correctly repelled.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Remit to the sheriff to proceed as accords.
  • Defender and appellant found liable to the pursuer and respondent in the expenses of the appeal.