Reeves (AP) v Yates [2014] ScotCS CSOH_47 (12 March 2014)

Reeves (AP) v Yates [2014] ScotCS CSOH_47 (12 March 2014)

The ordinary and unambiguous meaning of clause (Fourth) of the minute of agreement is that the balance of the proceeds of the endowment policies, after repayment of the mortgage over the former matrimonial home, is to be divided equally between the parties. The defender's construction is unsupported by the language of the agreement and would require impermissible rewriting of the contract.

Citation
[2014] ScotCS CSOH_47
Parties
Pursuer: Deborah Anne Reeves (A.P.); Defender: David William Yates
Jurisdiction
Scotland
Judgment Date
12 March 2014
Procedural Posture
Civil (contractual Dispute Post Divorce) / Procedure Roll Discussion (plea in Law)
Outcome
Decree granted de plano in favour of the pursuer for all three conclusions; defender's pleas-in-law repelled; interest awarded at 8% per annum from 7 June 2013 until payment; expenses reserved.
Legal Topics
Interpretation of Contract, Division of Matrimonial Property, Endowment Policy Proceeds, Minute of Agreement, Post Divorce Financial Settlement
Family Law Contract Law Interpretation of Contract Division of Matrimonial Property Endowment Policy Proceeds Minute of Agreement Post Divorce Financial Settlement

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Parties

Deborah Anne Reeves (A.P.)

Pursuer

David William Yates

Defender

Procedural Posture

Civil (contractual Dispute Post Divorce) / Procedure Roll Discussion (plea in Law)

Legal Issues

  1. 1 Proper construction of clause (Fourth) of the minute of agreement regarding division of endowment policy proceeds after sale of matrimonial home

Ratio Decidendi

The ordinary and unambiguous meaning of clause (Fourth) of the minute of agreement is that the balance of the proceeds of the endowment policies, after repayment of the mortgage over the former matrimonial home, is to be divided equally between the parties. The defender's construction is unsupported by the language of the agreement and would require impermissible rewriting of the contract.

Court Disposition

Decree granted de plano in favour of the pursuer for all three conclusions; defender's pleas-in-law repelled; interest awarded at 8% per annum from 7 June 2013 until payment; expenses reserved.

Orders

  • Decree for payment to pursuer of sums representing one half of the proceeds of matured endowment policies as specified in the conclusions.
  • Declarator that pursuer is entitled to an equal share of proceeds of four other endowment policies on maturity.