APPEAL BY SCA AGAINST MMA [2020] ScotCS CSIH_66 (27 October 2020)

APPEAL BY SCA AGAINST MMA [2020] ScotCS CSIH_66 (27 October 2020)

The Lord Ordinary did not err in accepting the expert valuation of the defender's business interests, nor in her discretionary decisions regarding the payment of the capital sum and the award of expenses. The points raised on appeal were either not presented at first instance or were minor and did not warrant appellate interference.

Citation
[2020] ScotCS CSIH_66
Parties
Pursuer and Respondent: SCA; Defender and Reclaimer: MMA
Jurisdiction
Scotland
Judgment Date
27 October 2020
Procedural Posture
Divorce Financial Provision Appeal / Appeal (reclaiming Motion) and Cross Appeal
Outcome
Appeal and cross-appeal refused; interlocutor of the Lord Ordinary adhered to, subject to correction of a minor clerical error.
Legal Topics
Financial Provision on Divorce, Valuation of Matrimonial Property, Appeal Procedure, Expenses (costs)
Family Law Financial Provision on Divorce Valuation of Matrimonial Property Appeal Procedure Expenses (costs)

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Parties

SCA

Pursuer and Respondent

MMA

Defender and Reclaimer

Procedural Posture

Divorce Financial Provision Appeal / Appeal (reclaiming Motion) and Cross Appeal

Legal Issues

  1. 1 Whether the Lord Ordinary erred in the valuation of the defender's business interests for matrimonial property purposes
  2. 2 Whether the Lord Ordinary erred in the award and payment terms of the capital sum
  3. 3 Whether the Lord Ordinary erred in the award of expenses

Ratio Decidendi

The Lord Ordinary did not err in accepting the expert valuation of the defender's business interests, nor in her discretionary decisions regarding the payment of the capital sum and the award of expenses. The points raised on appeal were either not presented at first instance or were minor and did not warrant appellate interference.

Court Disposition

Appeal and cross-appeal refused; interlocutor of the Lord Ordinary adhered to, subject to correction of a minor clerical error.

Orders

  • Reclaiming motion refused
  • Cross-appeal refused