Bennett v Bennett [2004] ScotSC 78 (29 November 2004)

Bennett v Bennett [2004] ScotSC 78 (29 November 2004)

The appeal was refused because the craves for interdict and non-harassment order were not properly formulated, lacking specificity as to the conduct to be prohibited and the period of the order. The sheriff was correct to refuse decree in absence, and any procedural error regarding the right to be heard was cured by the hearing on appeal.

Citation
[2004] ScotSC 78
Parties
Pursuer and Appellant: Robert Anderson Bennett; Defender and Respondent: Mrs Mona Issa Bennett
Jurisdiction
Scotland
Judgment Date
29 November 2004
Procedural Posture
Civil Appeal / Appeal Against Refusal of Interdict and Non Harassment Order
Outcome
Appeal refused; interlocutor of sheriff adhered to.
Legal Topics
Interdict, Non Harassment Order, Pleadings, Right to Be Heard, Protection From Harassment
Family Law Civil Procedure Interdict Non Harassment Order Pleadings Right to Be Heard Protection From Harassment

Case Brief

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Parties

Robert Anderson Bennett

Pursuer and Appellant

Mrs Mona Issa Bennett

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Interdict and Non Harassment Order

Legal Issues

  1. 1 Whether the crave for interdict and/or non-harassment order was sufficiently specific and justified
  2. 2 Whether the sheriff erred in refusing decree in absence without hearing the pursuer
  3. 3 Whether the requirements of Article 6.1 ECHR (right to a fair hearing) were met

Ratio Decidendi

The appeal was refused because the craves for interdict and non-harassment order were not properly formulated, lacking specificity as to the conduct to be prohibited and the period of the order. The sheriff was correct to refuse decree in absence, and any procedural error regarding the right to be heard was cured by the hearing on appeal.

Court Disposition

Appeal refused; interlocutor of sheriff adhered to.

Orders

  • Refusal of appeal
  • Adherence to sheriff's interlocutor dated 2 November 2004