Scott v. McMillan [2004] ScotCS 138 (14 May 2004)

Scott v. McMillan [2004] ScotCS 138 (14 May 2004)

The court determined that new information regarding the pursuer's relationship and pregnancy may constitute a change of circumstances justifying further enquiry before final disposition of the appeal.

Citation
[2004] ScotCS 138
Parties
Pursuer and Respondent: Neiliann Margaret Scott or McMillan; Defender and Appellant: James Gerard McMillan
Jurisdiction
Scotland
Judgment Date
14 May 2004
Procedural Posture
Divorce Appeal / Remit to Sheriff Principal for Further Enquiry
Outcome
Remitted to Sheriff Principal for further enquiry and report; no final decision on appeal at this stage.
Legal Topics
Divorce, Tenancy Transfer, Matrimonial Homes (family Protection)(scotland) Act 1981, Appeal Procedure
Family Law Divorce Tenancy Transfer Matrimonial Homes (family Protection)(scotland) Act 1981 Appeal Procedure

Case Brief

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Parties

Neiliann Margaret Scott or McMillan

Pursuer and Respondent

James Gerard McMillan

Defender and Appellant

Procedural Posture

Divorce Appeal / Remit to Sheriff Principal for Further Enquiry

Legal Issues

  1. 1 Whether the sheriff erred in transferring tenancy of matrimonial home to pursuer under section 13 of the Matrimonial Homes (Family Protection)(Scotland) Act 1981
  2. 2 Whether there has been a change of circumstances (res noviter) justifying reconsideration of the order

Ratio Decidendi

The court determined that new information regarding the pursuer's relationship and pregnancy may constitute a change of circumstances justifying further enquiry before final disposition of the appeal.

Court Disposition

Remitted to Sheriff Principal for further enquiry and report; no final decision on appeal at this stage.

Orders

  • Remit to Sheriff Principal to enquire into the pursuer's relationship with Mr Hume, representations made regarding IVF treatment, current and prospective relationship, and future domestic arrangements.
  • Sheriff Principal to hear evidence as appropriate and report findings in fact and views on credibility, reliability, and value of evidence.