McNaught v. Cullen [2005] ScotCS CSOH_39 (17 March 2005)

McNaught v. Cullen [2005] ScotCS CSOH_39 (17 March 2005)

The defender's liability for the pursuer's expenses of the divorce action at first instance should be modified to £35,000, having regard to the current means of both parties, the value of the defender's assets (notably two building plots and adjacent land valued at £180,000), the exclusion of the defender's residence from the assessment, and the defender's conduct which increased the pursuer's costs.

Citation
[2005] ScotCS CSOH_39
Parties
Pursuer and Reclaimer: Mrs Jill Elizabeth McNaught or Cullen; Defender and Respondent: Alan Cullen
Jurisdiction
Scotland
Judgment Date
17 March 2005
Procedural Posture
Divorce and Expenses Modification / Post Divorce, Rehearing on Modification of Liability for Expenses
Outcome
Defender's liability for pursuer's expenses modified to £35,000; defender found liable for whole expenses of hearings before the court.
Legal Topics
Divorce, Modification of Expenses, Legal Aid (scotland) Act 1986 Section 18, Assessment of Means, Conduct of Parties
Family Law Legal Aid Civil Procedure Divorce Modification of Expenses Legal Aid (scotland) Act 1986 Section 18 Assessment of Means Conduct of Parties

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Parties

Mrs Jill Elizabeth McNaught or Cullen

Pursuer and Reclaimer

Alan Cullen

Defender and Respondent

Procedural Posture

Divorce and Expenses Modification / Post Divorce, Rehearing on Modification of Liability for Expenses

Legal Issues

  1. 1 Whether the defender's liability for the pursuer's expenses in the divorce action should be modified under section 18(2) of the Legal Aid (Scotland) Act 1986
  2. 2 Assessment of the parties' current means and conduct for the purposes of modification
  3. 3 Valuation of defender's assets, particularly land with development potential

Ratio Decidendi

The defender's liability for the pursuer's expenses of the divorce action at first instance should be modified to £35,000, having regard to the current means of both parties, the value of the defender's assets (notably two building plots and adjacent land valued at £180,000), the exclusion of the defender's residence from the assessment, and the defender's conduct which increased the pursuer's costs.

Court Disposition

Defender's liability for pursuer's expenses modified to £35,000; defender found liable for whole expenses of hearings before the court.

Orders

  • Defender's liability for pursuer's expenses of the divorce action at first instance modified to £35,000.
  • Defender found liable to the pursuer for the whole expenses of the hearings before the court, including the motion heard on 1 February 2005.