BRENDA JOHNSTONE DAVIE or STUART (AP) v. JOHN PIRRIE STUART [2000] ScotSC 25 (31st August, 2000)

BRENDA JOHNSTONE DAVIE or STUART (AP) v. JOHN PIRRIE STUART [2000] ScotSC 25 (31st August, 2000)

The contingent liability to repay the property discount was not a debt incurred and outstanding at the relevant date; therefore, the net value of the matrimonial property should include the discount, and the capital sum awarded to the pursuer must reflect this.

Citation
[2000] ScotSC 25
Parties
Pursuer and Appellant: Brenda Johnstone Davie or Stuart; Defender and Respondent: John Pirrie Stuart
Jurisdiction
Scotland
Procedural Posture
Divorce Action / Appeal From Sheriff’s Interlocutor
Outcome
Appeal allowed in part
Legal Topics
Division of Matrimonial Property, Capital Sum on Divorce, Contingent Liabilities, Valuation of Matrimonial Assets
Family Law Division of Matrimonial Property Capital Sum on Divorce Contingent Liabilities Valuation of Matrimonial Assets

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Parties

Brenda Johnstone Davie or Stuart

Pursuer and Appellant

John Pirrie Stuart

Defender and Respondent

Procedural Posture

Divorce Action / Appeal From Sheriff’s Interlocutor

Legal Issues

  1. 1 Whether a contingent liability to repay a property discount is a debt incurred and outstanding at the relevant date for division of matrimonial property
  2. 2 Proper calculation of net value of matrimonial property for capital sum award

Ratio Decidendi

The contingent liability to repay the property discount was not a debt incurred and outstanding at the relevant date; therefore, the net value of the matrimonial property should include the discount, and the capital sum awarded to the pursuer must reflect this.

Court Disposition

Appeal allowed in part

Orders

  • Sum of £12,366.59 substituted for £3,366.59 as capital sum payable to pursuer within four months with interest at 8% per annum from 1 January 2001 until payment
  • Defender liable for expenses of appeal