SARAH GUNN OR FOSTER AGAINST ROSS FOSTER [2023] ScotCS CSIH_44 (12 December 2023)

SARAH GUNN OR FOSTER AGAINST ROSS FOSTER [2023] ScotCS CSIH_44 (12 December 2023)

The pursuer was awarded expenses of the reclaiming motion due to complete success. For the proof and subsequent hearings, expenses were awarded to the pursuer but restricted to 50% due to mixed success. An additional charge of 30% was granted under heads (a), (b), and (f) of rule 5.2(6) due to the complexity and high value of the case.

Citation
[2023] ScotCS CSIH_44
Parties
Pursuer and Reclaimer: Sarah Gunn or Foster; Defender and Respondent: Ross Foster
Jurisdiction
Scotland
Judgment Date
12 December 2023
Procedural Posture
Financial Provision on Divorce / Hearing on Expenses Following Reclaiming Motion
Outcome
Award of expenses in favour of pursuer for reclaiming motion; 50% expenses for proof and subsequent hearings; additional charge of 30% granted.
Legal Topics
Divorce, Financial Provision, Expenses, Costs, Share Transfer
Family Law Civil Procedure Divorce Financial Provision Expenses Costs Share Transfer

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Parties

Sarah Gunn or Foster

Pursuer and Reclaimer

Ross Foster

Defender and Respondent

Procedural Posture

Financial Provision on Divorce / Hearing on Expenses Following Reclaiming Motion

Legal Issues

  1. 1 Entitlement to expenses following success in reclaiming motion
  2. 2 Appropriate allocation of expenses for proof and subsequent hearings
  3. 3 Justification for additional charge under rule 5.2(6) of the Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

Ratio Decidendi

The pursuer was awarded expenses of the reclaiming motion due to complete success. For the proof and subsequent hearings, expenses were awarded to the pursuer but restricted to 50% due to mixed success. An additional charge of 30% was granted under heads (a), (b), and (f) of rule 5.2(6) due to the complexity and high value of the case.

Court Disposition

Award of expenses in favour of pursuer for reclaiming motion; 50% expenses for proof and subsequent hearings; additional charge of 30% granted.

Orders

  • Pursuer awarded expenses of reclaiming motion in full.
  • Pursuer awarded 50% of expenses for preparation and conduct of proof and subsequent By Order hearings (save as already ordered).