Buchan v. Ogg [2003] ScotSC 8 (3 March 2003)

Buchan v. Ogg [2003] ScotSC 8 (3 March 2003)

The sheriff was entitled to reject the evidence that the vessel valuation included the licence and to prefer the expert evidence valuing the licence at £250,000; the correct capital sum payable to the pursuer is £81,271.50 with interest at 8% per annum from the date of commencement of the action, reflecting fair sharing of matrimonial property and the benefit retained by the defender.

Citation
[2003] ScotSC 8
Parties
Pursuer and Respondent: Mrs Barbara Buchan or Ogg; Defender and Appellant: Charles Niven Ogg
Jurisdiction
Scotland
Judgment Date
03 March 2003
Procedural Posture
Divorce and Financial Provision / Appeal and Cross Appeal From Sheriff's Interlocutor
Outcome
Appeal and cross-appeal both sustained in part; sheriff's interlocutor adhered to with amendments.
Legal Topics
Division of Matrimonial Property, Valuation of Business Assets, Interest on Capital Sum, Incidental Orders Under Family Law (scotland) Act 1985
Family Law Property Law Division of Matrimonial Property Valuation of Business Assets Interest on Capital Sum Incidental Orders Under Family Law (scotland) Act 1985

Case Brief

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Parties

Mrs Barbara Buchan or Ogg

Pursuer and Respondent

Charles Niven Ogg

Defender and Appellant

Procedural Posture

Divorce and Financial Provision / Appeal and Cross Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Proper valuation of defender's shares in Pitcairn Fishing Company Limited for division of matrimonial property
  2. 2 Whether vessel's licence value was included in vessel valuation
  3. 3 Appropriate value to attribute to vessel's licence at relevant date

Ratio Decidendi

The sheriff was entitled to reject the evidence that the vessel valuation included the licence and to prefer the expert evidence valuing the licence at £250,000; the correct capital sum payable to the pursuer is £81,271.50 with interest at 8% per annum from the date of commencement of the action, reflecting fair sharing of matrimonial property and the benefit retained by the defender.

Court Disposition

Appeal and cross-appeal both sustained in part; sheriff's interlocutor adhered to with amendments.

Orders

  • Capital sum of £81,271.50 awarded to pursuer with interest at 8% per annum from 8 January 1999 until payment.
  • Parties each entitled to one half of the proceeds of the matrimonial home, with specified amendments to the timing and wording of orders.