M AGAINST S [2017] ScotCS CSOH_151 (12 December 2017)

M AGAINST S [2017] ScotCS CSOH_151 (12 December 2017)

The court found that the pursuer's assets increased substantially during cohabitation, largely due to her own efforts and investments, and that the defender's credibility was undermined by inconsistencies and lack of reliable evidence. The court preferred the pursuer's expert evidence on property valuations and rejected discounts on partnership interests. The court determined the net values of the parties' assets at the start and end of cohabitation and assessed whether economic advantage or disadvantage had arisen, applying the statutory framework and principles of fairness.

Citation
[2017] ScotCS CSOH_151
Parties
Pursuer: M; Defender: S
Jurisdiction
Scotland
Judgment Date
12 December 2017
Procedural Posture
Family Law (scotland) Act 2006, S.28(2) Application / Outer House, Court of Session – Opinion After Proof
Outcome
Order for payment of capital sum in favour of the pursuer under s.28(2) of the Family Law (Scotland) Act 2006.
Legal Topics
Cohabitation, Financial Provision on Cessation of Cohabitation, Valuation of Assets, Economic Advantage/disadvantage, Credibility of Witnesses
Family Law Property Law Cohabitation Financial Provision on Cessation of Cohabitation Valuation of Assets Economic Advantage/disadvantage Credibility of Witnesses

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Parties

M

Pursuer

S

Defender

Procedural Posture

Family Law (scotland) Act 2006, S.28(2) Application / Outer House, Court of Session – Opinion After Proof

Legal Issues

  1. 1 Whether the pursuer is entitled to a capital sum under s.28(2) of the Family Law (Scotland) Act 2006 following cessation of cohabitation
  2. 2 How to value the parties' respective assets at the start and end of cohabitation
  3. 3 Whether economic advantage or disadvantage has arisen and to what extent

Ratio Decidendi

The court found that the pursuer's assets increased substantially during cohabitation, largely due to her own efforts and investments, and that the defender's credibility was undermined by inconsistencies and lack of reliable evidence. The court preferred the pursuer's expert evidence on property valuations and rejected discounts on partnership interests. The court determined the net values of the parties' assets at the start and end of cohabitation and assessed whether economic advantage or disadvantage had arisen, applying the statutory framework and principles of fairness.

Court Disposition

Order for payment of capital sum in favour of the pursuer under s.28(2) of the Family Law (Scotland) Act 2006.

Orders

  • Defender to pay a capital sum to the pursuer (amount to be determined based on findings)
  • Valuations of assets as determined by the court to be used in calculation