HELEN TERESA LENAGHAN OR WILSON v. ALASTAIR WILSON [2013] ScotSC 75 (11 October 2013)

HELEN TERESA LENAGHAN OR WILSON v. ALASTAIR WILSON [2013] ScotSC 75 (11 October 2013)

The sheriff's decision was a proper exercise of discretion under the Family Law (Scotland) Act 1985, justified by the statutory principles and the evidence. The main economic burden of caring for the child rested with the respondent as principal carer, and the periodical allowance awards were reasonable and justified. No error in law or fact was disclosed that would warrant appellate interference. The award of expenses was also within the sheriff's discretion.

Citation
[2013] ScotSC 75
Parties
Pursuer and Respondent: Helen Teresa Lenaghan or Wilson; Defender and Appellant: Alastair Wilson (formerly Walter Alastair Wilson)
Jurisdiction
Scotland
Judgment Date
11 October 2013
Procedural Posture
Divorce and Financial Provision Appeal / Appeal From Sheriff's Interlocutor After Proof
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Divorce, Financial Provision, Periodical Allowance, Aliment, Child Support, Appeal Procedure
Family Law Divorce Financial Provision Periodical Allowance Aliment Child Support Appeal Procedure

Case Brief

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Parties

Helen Teresa Lenaghan or Wilson

Pursuer and Respondent

Alastair Wilson (formerly Walter Alastair Wilson)

Defender and Appellant

Procedural Posture

Divorce and Financial Provision Appeal / Appeal From Sheriff's Interlocutor After Proof

Legal Issues

  1. 1 Whether the sheriff erred in awarding periodical allowance to the respondent under sections 9(1)(c) and 9(1)(d) of the Family Law (Scotland) Act 1985
  2. 2 Whether the sheriff erred in finding the respondent bore the main economic burden of caring for the child
  3. 3 Whether the quantification and duration of periodical allowance was justified

Ratio Decidendi

The sheriff's decision was a proper exercise of discretion under the Family Law (Scotland) Act 1985, justified by the statutory principles and the evidence. The main economic burden of caring for the child rested with the respondent as principal carer, and the periodical allowance awards were reasonable and justified. No error in law or fact was disclosed that would warrant appellate interference. The award of expenses was also within the sheriff's discretion.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Appellant found liable to respondent in expenses of the appeal; account of expenses to be remitted to Auditor of Court for taxation.
  • Respondent's motion to certify the cause as suitable for junior counsel for the appeal refused.