Gallacher v Gallacher [1934] ScotCS CSIH_1 (23 February 1934)

Gallacher v Gallacher [1934] ScotCS CSIH_1 (23 February 1934)

The majority held that the plea of lenocinium fails because there was no sufficient evidence that the pursuer's conduct in 1926 causally contributed to the defender's adultery in 1931. The lapse of five years, absence of ongoing inducement, and lack of proof of causal connection meant the bar did not apply. Each case depends on its facts, and mere effluxion of time can break the causal link required for lenocinium.

Citation
[1934] ScotCS CSIH_1
Parties
Pursuer: Gallacher; Defender: Gallacher
Jurisdiction
Scotland
Judgment Date
23 February 1934
Procedural Posture
Divorce / Appeal (reclaiming Note) Before the Second Division, Court of Session
Outcome
Reclaiming note refused; decree of divorce granted to the pursuer.
Legal Topics
Divorce, Adultery, Connivance (lenocinium), Bar to Relief
Family Law Divorce Adultery Connivance (lenocinium) Bar to Relief

Case Brief

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Parties

Gallacher

Pursuer

Gallacher

Defender

Procedural Posture

Divorce / Appeal (reclaiming Note) Before the Second Division, Court of Session

Legal Issues

  1. 1 Whether the pursuer is barred by lenocinium (connivance) from obtaining a divorce for adultery committed by the defender in 1931, given prior connivance in 1926.
  2. 2 Whether a lapse of five years between the act of connivance and the subsequent adultery breaks the causal connection required for the plea of lenocinium.

Ratio Decidendi

The majority held that the plea of lenocinium fails because there was no sufficient evidence that the pursuer's conduct in 1926 causally contributed to the defender's adultery in 1931. The lapse of five years, absence of ongoing inducement, and lack of proof of causal connection meant the bar did not apply. Each case depends on its facts, and mere effluxion of time can break the causal link required for lenocinium.

Court Disposition

Reclaiming note refused; decree of divorce granted to the pursuer.

Orders

  • Decree of divorce granted in favour of the pursuer.
  • Plea of lenocinium (connivance) repelled as to the 1931 adultery.