S v. S [2012] ScotSC 39 (15 March 2012)

S v. S [2012] ScotSC 39 (15 March 2012)

Neither party was clearly or largely successful; both made reasonable efforts to settle and cooperated in disclosure; the pursuer's settlement offer was not unreasonably refused by the defender; no party acted unreasonably in relation to the children; therefore, the only fair result is that each party bears their own expenses.

Citation
[2012] ScotSC 39
Parties
Pursuer: S; Defender: S
Jurisdiction
Scotland
Judgment Date
15 March 2012
Procedural Posture
Divorce / Judgment on Expenses
Outcome
No expenses due to or by any party.
Legal Topics
Divorce, Expenses, Matrimonial Property, Pension Rights, Child Residence
Family Law Divorce Expenses Matrimonial Property Pension Rights Child Residence

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Parties

S

Pursuer

S

Defender

Procedural Posture

Divorce / Judgment on Expenses

Legal Issues

  1. 1 Whether either party should be awarded expenses in a divorce action where both parties had partial success and made reasonable settlement efforts.

Ratio Decidendi

Neither party was clearly or largely successful; both made reasonable efforts to settle and cooperated in disclosure; the pursuer's settlement offer was not unreasonably refused by the defender; no party acted unreasonably in relation to the children; therefore, the only fair result is that each party bears their own expenses.

Court Disposition

No expenses due to or by any party.

Orders

  • Each party to bear their own expenses.
  • No expenses due to or by A; A's expenses to be met by the legal aid board.