Cochrane v. Cochrane [1908] ScotLR 252 (16 December 1908)

Cochrane v. Cochrane [1908] ScotLR 252 (16 December 1908)

The Court of Session is competent to award interim expenses to a wife defending an appeal to the House of Lords in a divorce action, as there is no precedent for the Appeal Committee to do so and established practice supports such awards.

Citation
[1908] ScotLR 252
Parties
Pursuer (husband): J. Y. Cochrane; Defender (wife): Mrs. Cochrane
Jurisdiction
Scotland
Judgment Date
16 December 1908
Procedural Posture
Divorce Appeal / Application for Interim Award of Expenses Pending Appeal to House of Lords
Outcome
Application granted
Legal Topics
Divorce, Interim Expenses, Appeal Procedure, Competency of Court
Family Law Civil Procedure Divorce Interim Expenses Appeal Procedure Competency of Court

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Parties

J. Y. Cochrane

Pursuer (husband)

Mrs. Cochrane

Defender (wife)

Procedural Posture

Divorce Appeal / Application for Interim Award of Expenses Pending Appeal to House of Lords

Legal Issues

  1. 1 Whether the Court of Session is competent to award interim expenses to a wife defending an appeal to the House of Lords in a divorce action
  2. 2 Whether such application should be made to the Court of Session or the Appeal Committee of the House of Lords

Ratio Decidendi

The Court of Session is competent to award interim expenses to a wife defending an appeal to the House of Lords in a divorce action, as there is no precedent for the Appeal Committee to do so and established practice supports such awards.

Court Disposition

Application granted

Orders

  • Pursuer (husband) to pay defender (wife) £100 towards expenses to be incurred in connection with the appeal to the House of Lords.