AWB v. JP [2010] ScotSC 3 (01 June 2010)

AWB v. JP [2010] ScotSC 3 (01 June 2010)

The defender failed to provide sufficiently recent or specific reasons to justify non-disclosure of her present address. The general rule requiring disclosure applies, and the defender must amend her pleadings to state her current address.

Citation
[2010] ScotSC 3
Parties
Pursuer: A. W. B.; Defender: J. P.
Jurisdiction
Scotland
Judgment Date
01 June 2010
Procedural Posture
Family Action (ordinary Cause) / Objection During Child Welfare Hearing
Outcome
Objection sustained; defender required to disclose present address.
Legal Topics
Disclosure of Address, Designation of Parties, Parental Rights and Responsibilities, Contact Orders
Family Law Civil Procedure Disclosure of Address Designation of Parties Parental Rights and Responsibilities Contact Orders

Case Brief

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Parties

A. W. B.

Pursuer

J. P.

Defender

Procedural Posture

Family Action (ordinary Cause) / Objection During Child Welfare Hearing

Legal Issues

  1. 1 Whether the defender is justified in withholding her present address from the pursuer and the court record.

Ratio Decidendi

The defender failed to provide sufficiently recent or specific reasons to justify non-disclosure of her present address. The general rule requiring disclosure applies, and the defender must amend her pleadings to state her current address.

Court Disposition

Objection sustained; defender required to disclose present address.

Orders

  • Defender to amend pleadings to substitute her present address for the former address in the instance of the Initial Writ.