ANDREW DAVID HUGHES v. MARILYN DOUGLAS OR HUGHES [2011] ScotSC 134 (19 August 2011)

ANDREW DAVID HUGHES v. MARILYN DOUGLAS OR HUGHES [2011] ScotSC 134 (19 August 2011)

The Sheriff was entitled to conclude, on the pleadings and submissions, that the respondent had a prima facie case under section 16 of the Family Law (Scotland) Act 1985; there was a real and substantial risk that enforcement of any decree would be defeated or prejudiced by the pursuer's actions regarding the proceeds of sale of the matrimonial home; and it was reasonable in all the circumstances to grant warrant to arrest on the dependence. The Sheriff exercised his discretion properly and there was no basis to interfere with his decision.

Citation
[2011] ScotSC 134
Parties
Pursuer and Appellant: Andrew David Hughes; Defender and Respondent: Mrs Marilyn Douglas or Hughes
Jurisdiction
Scotland
Judgment Date
19 August 2011
Procedural Posture
Divorce Action With Financial Provision and Diligence on the Dependence / Appeal Against Grant of Warrant to Arrest on the Dependence
Outcome
Appeal refused; Sheriff's interlocutor of 9 June 2011 adhered to.
Legal Topics
Divorce, Financial Provision on Divorce, Minute of Agreement, Diligence on the Dependence, Warrant to Arrest, Prima Facie Case, Asset Preservation
Family Law Civil Procedure Debt Recovery Divorce Financial Provision on Divorce Minute of Agreement Diligence on the Dependence Warrant to Arrest +2 more

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Parties

Andrew David Hughes

Pursuer and Appellant

Mrs Marilyn Douglas or Hughes

Defender and Respondent

Procedural Posture

Divorce Action With Financial Provision and Diligence on the Dependence / Appeal Against Grant of Warrant to Arrest on the Dependence

Legal Issues

  1. 1 Whether the respondent had established a prima facie case for setting aside the Minute of Agreement and seeking financial provision
  2. 2 Whether there was a substantial risk that enforcement of any decree would be defeated or prejudiced by the pursuer's actions regarding assets
  3. 3 Whether it was reasonable in all the circumstances to grant warrant to arrest on the dependence

Ratio Decidendi

The Sheriff was entitled to conclude, on the pleadings and submissions, that the respondent had a prima facie case under section 16 of the Family Law (Scotland) Act 1985; there was a real and substantial risk that enforcement of any decree would be defeated or prejudiced by the pursuer's actions regarding the proceeds of sale of the matrimonial home; and it was reasonable in all the circumstances to grant warrant to arrest on the dependence. The Sheriff exercised his discretion properly and there was no basis to interfere with his decision.

Court Disposition

Appeal refused; Sheriff's interlocutor of 9 June 2011 adhered to.

Orders

  • Remit the cause to the Sheriff to proceed as accords.
  • Find the pursuer and appellant liable to the defender and respondent in the expenses of the appeal.