Scott Or Anthony & Anor v Anthony [1999] ScotCS 79 (12 March 1999)

Scott Or Anthony & Anor v Anthony [1999] ScotCS 79 (12 March 1999)

The appeals disclosed no reviewable error of law or procedure, as the appellant had clearly and effectually abandoned his action and defence, and the sheriff's interlocutors were properly pronounced. The grounds of appeal related to matters of fact or alleged fraud, which are not reviewable in this appeal process. There was no basis for granting a hearing or allowing the appeals to proceed.

Citation
[1999] ScotCS 79
Parties
Pursuer and Respondent: Moira Anne Scott or Anthony; Defender and Appellant: Michael John Anthony
Jurisdiction
Scotland
Judgment Date
12 March 1999
Procedural Posture
Divorce and Ancillary Relief / Appeal From Sheriff Court to Court of Session
Outcome
Appeals dismissed
Legal Topics
Divorce, Custody, Financial Provision, Appeal Competency, Abandonment of Action
Family Law Civil Procedure Divorce Custody Financial Provision Appeal Competency Abandonment of Action

Case Brief

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Parties

Moira Anne Scott or Anthony

Pursuer and Respondent

Michael John Anthony

Defender and Appellant

Procedural Posture

Divorce and Ancillary Relief / Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Whether appeals against interlocutors following abandonment and undefended decree in divorce actions are competent
  2. 2 Whether the sheriff erred in pronouncing decrees following abandonment or non-insistence by the appellant
  3. 3 Whether fresh evidence or alleged fraud justified review of the interlocutors

Ratio Decidendi

The appeals disclosed no reviewable error of law or procedure, as the appellant had clearly and effectually abandoned his action and defence, and the sheriff's interlocutors were properly pronounced. The grounds of appeal related to matters of fact or alleged fraud, which are not reviewable in this appeal process. There was no basis for granting a hearing or allowing the appeals to proceed.

Court Disposition

Appeals dismissed

Orders

  • Appellant's motions for hearing refused
  • Appeals in both actions dismissed