LORNA DUNLOP HARLEY v MARK THOMPSON [2014] ScotSC 98 (07 November 2014)

LORNA DUNLOP HARLEY v MARK THOMPSON [2014] ScotSC 98 (07 November 2014)

The pursuer is entitled to a capital sum under section 28(2)(a) of the Family Law (Scotland) Act 2006 because the defender derived economic advantage from specific contributions by the pursuer (house purchase, repayment of debt, holiday cancellation, and pre-cohabitation debt clearance), and the pursuer suffered corresponding economic disadvantage. Ordinary family expenditure and pooling of resources do not justify further award. The relationship qualifies as cohabitation under section 25 despite its duration.

Citation
[2014] ScotSC 98
Parties
Pursuer: Lorna Dunlop Harley; Defender: Mark Thompson
Jurisdiction
Scotland
Judgment Date
07 November 2014
Procedural Posture
Civil Family Law (financial Provision on Cessation of Cohabitation) / Judgment After Proof
Outcome
Pursuer's plea in law sustained in part; defender's plea repelled; decree for payment of £19,868 to pursuer; all questions of payment timetable, interest, and expenses reserved.
Legal Topics
Cohabitation, Financial Provision, Economic Advantage/disadvantage, Capital Sum, Section 28 Family Law (scotland) Act 2006
Family Law Cohabitation Financial Provision Economic Advantage/disadvantage Capital Sum Section 28 Family Law (scotland) Act 2006

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Parties

Lorna Dunlop Harley

Pursuer

Mark Thompson

Defender

Procedural Posture

Civil Family Law (financial Provision on Cessation of Cohabitation) / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer is entitled to a capital sum under section 28(2)(a) of the Family Law (Scotland) Act 2006 upon cessation of cohabitation
  2. 2 Whether the relationship qualifies as cohabitation under section 25 of the Act
  3. 3 Whether the defender derived economic advantage and the pursuer suffered economic disadvantage justifying an award

Ratio Decidendi

The pursuer is entitled to a capital sum under section 28(2)(a) of the Family Law (Scotland) Act 2006 because the defender derived economic advantage from specific contributions by the pursuer (house purchase, repayment of debt, holiday cancellation, and pre-cohabitation debt clearance), and the pursuer suffered corresponding economic disadvantage. Ordinary family expenditure and pooling of resources do not justify further award. The relationship qualifies as cohabitation under section 25 despite its duration.

Court Disposition

Pursuer's plea in law sustained in part; defender's plea repelled; decree for payment of £19,868 to pursuer; all questions of payment timetable, interest, and expenses reserved.

Orders

  • Defender to pay pursuer £19,868 sterling as capital sum under section 28(2)(a) of the Family Law (Scotland) Act 2006.
  • Questions of timetable for payment, interest, and expenses reserved for further hearing.