JUDGMENT OF SHERIFF PRINCIPAL C.A.L. SCOTT, QC IN THE CAUSE JUNE WRIGHT OR MCGILL AGAINST GRANT FRANCIS MCGILL [2014] ScotSC 62 (16 July 2014)

JUDGMENT OF SHERIFF PRINCIPAL C.A.L. SCOTT, QC IN THE CAUSE JUNE WRIGHT OR MCGILL AGAINST GRANT FRANCIS MCGILL [2014] ScotSC 62 (16 July 2014)

The appeal was refused because the sheriff's decision regarding the capital sum payment was not irrational or insupportable; no material error of law or misdirection was established, and the sheriff's reasoning was detailed and justified.

Citation
[2014] ScotSC 62
Parties
Pursuer: June Wright or McGill; Defender: Grant Francis McGill
Jurisdiction
Scotland
Judgment Date
16 July 2014
Procedural Posture
Divorce/financial Provision Appeal / Appeal Judgment
Outcome
Appeal refused
Legal Topics
Divorce, Financial Provision, Capital Sum, Appeal Procedure
Family Law Divorce Financial Provision Capital Sum Appeal Procedure

Case Brief

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Parties

June Wright or McGill

Pursuer

Grant Francis McGill

Defender

Procedural Posture

Divorce/financial Provision Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the sheriff erred in exercising discretion regarding financial provision on divorce
  2. 2 Whether the sheriff's findings on the quantum of capital sum were rationally insupportable
  3. 3 Whether the sheriff erred in refusing late lodging of productions

Ratio Decidendi

The appeal was refused because the sheriff's decision regarding the capital sum payment was not irrational or insupportable; no material error of law or misdirection was established, and the sheriff's reasoning was detailed and justified.

Court Disposition

Appeal refused

Orders

  • Sheriff’s interlocutor of 16 December 2013 adhered to
  • Defender found liable to pursuer in taxed expenses of the appeal