KK against TC (Sheriff Court Civil) [2025] SCKIL 17 (31 December 2025)

KK against TC (Sheriff Court Civil) [2025] SCKIL 17 (31 December 2025)

The parties ceased living together as if husband and wife on 8 September 2023. The pursuer's application was served more than one year after this date, rendering the action time barred and incompetent under section 28(8) of the Family Law (Scotland) Act 2006.

Citation
[2025] SCKIL 17
Parties
Pursuer: KK; Defender: TC
Jurisdiction
Scotland
Judgment Date
31 December 2025
Procedural Posture
Civil / Judgment After Preliminary Proof on Time Bar
Outcome
Action dismissed as time barred.
Legal Topics
Cohabitation, Time Bar, Section 28 Family Law (scotland) Act 2006
Family Law Cohabitation Time Bar Section 28 Family Law (scotland) Act 2006

Case Brief

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Parties

KK

Pursuer

TC

Defender

Procedural Posture

Civil / Judgment After Preliminary Proof on Time Bar

Legal Issues

  1. 1 What is the correct date of cessation of cohabitation for purposes of section 28(8) Family Law (Scotland) Act 2006?
  2. 2 Is the pursuer's application time barred?

Ratio Decidendi

The parties ceased living together as if husband and wife on 8 September 2023. The pursuer's application was served more than one year after this date, rendering the action time barred and incompetent under section 28(8) of the Family Law (Scotland) Act 2006.

Court Disposition

Action dismissed as time barred.

Orders

  • Sustains defender's first plea in law.
  • Dismisses the action.