APPEAL BY RICHARD ALEXANDER MILLER IN THE CAUSE CATHERINE SALVADORI OR MILLER AGAINST RICHARD ALEXANDER MILLER [2014] ScotSC 26 (06 June 2014)

APPEAL BY RICHARD ALEXANDER MILLER IN THE CAUSE CATHERINE SALVADORI OR MILLER AGAINST RICHARD ALEXANDER MILLER [2014] ScotSC 26 (06 June 2014)

The sheriff exercised her discretion properly in all respects, applying the statutory framework and considering the resources and conduct of the parties. No material error or misdirection was found in the sheriff's refusal of interest from the relevant date, refusal to order repayment of the overdraft, treatment of CGT as a special circumstance, rejection of dissipation claims, deferment of capital sum payment, or awards of expenses. The appeal was allowed only to the extent of awarding judicial interest on the capital sum from the date of decree, as conceded.

Citation
[2014] ScotSC 26
Parties
Pursuer and Respondent: Catherine Salvadori or Miller; Defender and Appellant: Richard Alexander Miller
Jurisdiction
Scotland
Judgment Date
06 June 2014
Procedural Posture
Divorce and Financial Provision Appeal / Appeal From Sheriff Court Judgment
Outcome
Appeal allowed in part; otherwise refused.
Legal Topics
Divorce, Financial Provision on Divorce, Division of Matrimonial Property, Interest on Capital Sum, Expenses in Matrimonial Proceedings
Family Law Divorce Financial Provision on Divorce Division of Matrimonial Property Interest on Capital Sum Expenses in Matrimonial Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Catherine Salvadori or Miller

Pursuer and Respondent

Richard Alexander Miller

Defender and Appellant

Procedural Posture

Divorce and Financial Provision Appeal / Appeal From Sheriff Court Judgment

Legal Issues

  1. 1 Whether the sheriff erred in refusing interest on the capital sum from the relevant date
  2. 2 Whether the sheriff erred in refusing to order repayment of the joint overdraft
  3. 3 Whether the sheriff erred in treating capital gains tax as a special circumstance

Ratio Decidendi

The sheriff exercised her discretion properly in all respects, applying the statutory framework and considering the resources and conduct of the parties. No material error or misdirection was found in the sheriff's refusal of interest from the relevant date, refusal to order repayment of the overdraft, treatment of CGT as a special circumstance, rejection of dissipation claims, deferment of capital sum payment, or awards of expenses. The appeal was allowed only to the extent of awarding judicial interest on the capital sum from the date of decree, as conceded.

Court Disposition

Appeal allowed in part; otherwise refused.

Orders

  • Appeal allowed quoad the first ground (interest on capital sum from date of decree)
  • Judicial interest to run on £207,607.10 from date of decree until payment