SL, Re Suspension And Interdict [2014] ScotCS CSOH_168 (20 November 2014)

SL, Re Suspension And Interdict [2014] ScotCS CSOH_168 (20 November 2014)

The petitioner's conduct in raising the petition and seeking interim orders was unreasonable, as she was aware she was due to make payment and made claims without real substance to gain time and temporary relief from the charge. This justified awarding expenses on the solicitor and client scale.

Citation
[2014] ScotCS CSOH_168
Parties
Pursuer: SL; Defender: Unknown (Respondent)
Jurisdiction
Scotland
Judgment Date
20 November 2014
Procedural Posture
Petition for Suspension and Interdict / Motion to Dismiss Petition and Determine Scale of Expenses
Outcome
Respondent's motion granted; expenses awarded on the solicitor and client scale for matters not previously determined.
Legal Topics
Divorce Settlement, Minute of Agreement, Charge for Payment, Expenses (costs), Solicitor and Client Scale, Unreasonable Conduct
Family Law Civil Procedure Divorce Settlement Minute of Agreement Charge for Payment Expenses (costs) Solicitor and Client Scale Unreasonable Conduct

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Parties

SL

Pursuer

Unknown (Respondent)

Defender

Procedural Posture

Petition for Suspension and Interdict / Motion to Dismiss Petition and Determine Scale of Expenses

Legal Issues

  1. 1 Whether expenses should be awarded on the solicitor and client scale due to unreasonable conduct by the petitioner
  2. 2 Whether the petition was raised on a false or improper basis

Ratio Decidendi

The petitioner's conduct in raising the petition and seeking interim orders was unreasonable, as she was aware she was due to make payment and made claims without real substance to gain time and temporary relief from the charge. This justified awarding expenses on the solicitor and client scale.

Court Disposition

Respondent's motion granted; expenses awarded on the solicitor and client scale for matters not previously determined.

Orders

  • Expenses not previously determined in this action awarded to the respondent on the solicitor and client scale.