Steel v Tortolano or Steel [2010] ScotCS CSIH_65 (09 July 2010)

Steel v Tortolano or Steel [2010] ScotCS CSIH_65 (09 July 2010)

Interim interdict is incompetent to prevent enforcement of a valid decree in favour of the defender, as such enforcement is not an apprehended violation of the pursuer's rights nor an avoidance transaction under section 18(2) of the Family Law (Scotland) Act 1985. The right to payment under the decree does not constitute 'property' within the meaning of section 8(1)(aa) of the Act.

Citation
[2010] ScotCS CSIH_65
Parties
Pursuer and Reclaimer: George Steel; Defender and Respondent: Maria Anne Tortolano or Steel
Jurisdiction
Scotland
Judgment Date
09 July 2010
Procedural Posture
Divorce Action (financial Provision) / Reclaiming Motion (appeal) Against Refusal of Interim Interdict
Outcome
Reclaiming motion refused
Legal Topics
Interim Interdict, Financial Provision on Divorce, Enforcement of Decree, Anti Avoidance Provisions
Family Law Civil Procedure Interim Interdict Financial Provision on Divorce Enforcement of Decree Anti Avoidance Provisions

Case Brief

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Parties

George Steel

Pursuer and Reclaimer

Maria Anne Tortolano or Steel

Defender and Respondent

Procedural Posture

Divorce Action (financial Provision) / Reclaiming Motion (appeal) Against Refusal of Interim Interdict

Legal Issues

  1. 1 Whether interim interdict is competent to prevent enforcement of a decree in favour of the defender pending divorce proceedings
  2. 2 Whether section 18(2) of the Family Law (Scotland) Act 1985 applies to enforcement of a decree as an avoidance transaction
  3. 3 Whether the right to payment under a decree constitutes 'property' under section 8(1)(aa) of the 1985 Act

Ratio Decidendi

Interim interdict is incompetent to prevent enforcement of a valid decree in favour of the defender, as such enforcement is not an apprehended violation of the pursuer's rights nor an avoidance transaction under section 18(2) of the Family Law (Scotland) Act 1985. The right to payment under the decree does not constitute 'property' within the meaning of section 8(1)(aa) of the Act.

Court Disposition

Reclaiming motion refused

Orders

  • Motion for interim interdict refused