Turner v. Turner [2009] ScotSC 42 (22 September 2009)

Turner v. Turner [2009] ScotSC 42 (22 September 2009)

Given the impact of an award of expenses on the pursuer's resources, the downturn in the value of the matrimonial home, and the conduct of both parties, it is fairest that each party bears their own costs.

Citation
[2009] ScotSC 42
Parties
Pursuer: Yolanda Lucia Maria Turner; Defender: Hugh Turner
Jurisdiction
Scotland
Judgment Date
22 September 2009
Procedural Posture
Divorce Action / Post Judgment Hearing on Expenses
Outcome
No expenses due to or by either party.
Legal Topics
Divorce, Matrimonial Property, Expenses (costs), Binding Agreements
Family Law Civil Procedure Divorce Matrimonial Property Expenses (costs) Binding Agreements

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Parties

Yolanda Lucia Maria Turner

Pursuer

Hugh Turner

Defender

Procedural Posture

Divorce Action / Post Judgment Hearing on Expenses

Legal Issues

  1. 1 Whether expenses should be awarded to either party following the divorce action and dispute over a binding agreement.

Ratio Decidendi

Given the impact of an award of expenses on the pursuer's resources, the downturn in the value of the matrimonial home, and the conduct of both parties, it is fairest that each party bears their own costs.

Court Disposition

No expenses due to or by either party.

Orders

  • Each party to bear their own costs.