UZMA NAZ AHMED AGAINST AHMED IQBAL [2014] ScotSC 24 (13 June 2014)

UZMA NAZ AHMED AGAINST AHMED IQBAL [2014] ScotSC 24 (13 June 2014)

The sheriff erred by failing to make a final determination on the defender's plea for contact after proof and avizandum, instead issuing a conditional and non-final finding and continuing the matter improperly. The interlocutor of 20 February 2014 was incompetent, as the sheriff had no power to pronounce it after avizandum and judgment. The appeal was competent without leave, and the sheriff principal was entitled to recall the interlocutor and refuse contact.

Citation
[2014] ScotSC 24
Parties
Pursuer: Uzma Naz Ahmed; Defender: Ahmed Iqbal
Jurisdiction
Scotland
Judgment Date
13 June 2014
Procedural Posture
Family Action (divorce and Child Contact) / Appeal From Sheriff's Interlocutors After Proof
Outcome
Appeal allowed; sheriff's interlocutor of 20 February 2014 recalled; sheriff's interlocutor of 22 November 2013 varied as specified; decree of divorce granted; contact between child and defender refused; no expenses due to or by either party; expenses of appeal reserved.
Legal Topics
Divorce, Child Contact, Finality of Judgments, Competency of Orders, Appeals Procedure
Family Law Civil Procedure Divorce Child Contact Finality of Judgments Competency of Orders Appeals Procedure

Case Brief

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Parties

Uzma Naz Ahmed

Pursuer

Ahmed Iqbal

Defender

Procedural Posture

Family Action (divorce and Child Contact) / Appeal From Sheriff's Interlocutors After Proof

Legal Issues

  1. 1 Whether the sheriff erred in continuing consideration of contact after proof and avizandum
  2. 2 Whether the sheriff's interlocutor of 20 February 2014 was competent
  3. 3 Whether the sheriff's findings in fact and law were sufficiently final and certain

Ratio Decidendi

The sheriff erred by failing to make a final determination on the defender's plea for contact after proof and avizandum, instead issuing a conditional and non-final finding and continuing the matter improperly. The interlocutor of 20 February 2014 was incompetent, as the sheriff had no power to pronounce it after avizandum and judgment. The appeal was competent without leave, and the sheriff principal was entitled to recall the interlocutor and refuse contact.

Court Disposition

Appeal allowed; sheriff's interlocutor of 20 February 2014 recalled; sheriff's interlocutor of 22 November 2013 varied as specified; decree of divorce granted; contact between child and defender refused; no expenses due to or by either party; expenses of appeal reserved.

Orders

  • Recalls sheriff’s interlocutor dated 20 February 2014
  • Varies sheriff’s interlocutor of 22 November 2013 by deleting third finding in fact and law and relevant interlocutory text, inserting new orders