Butter v. M'Laren [1909] ScotLR 625 (18 March 1909)

Butter v. M'Laren [1909] ScotLR 625 (18 March 1909)

The majority held that, although intercourse with the defender at the relevant time was proved, the pursuer's evidence was so discredited by proof of intercourse with another man and her lack of credibility that her case was not established. The existence of intercourse with another man at the time of conception is a material factor, and the pursuer's evidence must be credible and corroborated. As the pursuer was not a credible and reliable witness, her case failed.

Citation
[1909] ScotLR 625
Parties
Pursuer: Catherine Butter; Defender: Archibald M'Laren
Jurisdiction
Scotland
Judgment Date
18 March 1909
Procedural Posture
Affiliation and Aliment / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
Appeal allowed; defender assoilzied (absolved)
Legal Topics
Filiation, Bastardy, Parent and Child, Standard of Proof in Paternity Cases
Family Law Evidence Filiation Bastardy Parent and Child Standard of Proof in Paternity Cases

Case Brief

Summary, issues, holding and outcome

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Parties

Catherine Butter

Pursuer

Archibald M'Laren

Defender

Procedural Posture

Affiliation and Aliment / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether proof of intercourse with the defender at the time of conception is sufficient to establish paternity when intercourse with another man at the same time is also proved.
  2. 2 Whether the pursuer's credibility as a witness affects the sufficiency of her evidence in filiation cases.

Ratio Decidendi

The majority held that, although intercourse with the defender at the relevant time was proved, the pursuer's evidence was so discredited by proof of intercourse with another man and her lack of credibility that her case was not established. The existence of intercourse with another man at the time of conception is a material factor, and the pursuer's evidence must be credible and corroborated. As the pursuer was not a credible and reliable witness, her case failed.

Court Disposition

Appeal allowed; defender assoilzied (absolved)

Orders

  • The interlocutors of the Sheriff and Sheriff-Substitute are reversed.
  • The defender is assoilzied from the conclusions of the action.