Stronach & Anor v. Robertson [2002] ScotCS 129 (9th May, 2002)

Stronach & Anor v. Robertson [2002] ScotCS 129 (9th May, 2002)

The law restricts the fiar's remedies during the currency of a liferent to cautio usufructuaria, except where the fiar has a present beneficial interest in the property. There is no authority or principle supporting the availability of specific implement or damages to the fiar against the liferenter during the liferent for general property deterioration. The appeal is refused and the sheriff's decision sustained.

Citation
[2002] ScotCS 129
Parties
Pursuers and Appellants: Charles Robertson Stronach, James Barker Robertson Stronach and Andrew William Stevenson, W. S., Executors-nominate of the late Mrs. Eleanor Beatton Robertson or Stronach; Defender and Respondent: James Percival Robertson
Jurisdiction
Scotland
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, First Division
Outcome
Appeal refused; sheriff's decision sustained.
Legal Topics
Liferent and Fee, Remedies of Fiar, Cautio Usufructuaria, Specific Implement, Damages, Roman Law Influence
Property Law Trusts and Estates Liferent and Fee Remedies of Fiar Cautio Usufructuaria Specific Implement Damages Roman Law Influence

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Parties

Charles Robertson Stronach, James Barker Robertson Stronach and Andrew William Stevenson, W. S., Executors-nominate of the late Mrs. Eleanor Beatton Robertson or Stronach

Pursuers and Appellants

James Percival Robertson

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, First Division

Legal Issues

  1. 1 Whether a fiar is entitled to seek specific implement or damages against a liferenter during the currency of the liferent, or is limited to the remedy of cautio usufructuaria.

Ratio Decidendi

The law restricts the fiar's remedies during the currency of a liferent to cautio usufructuaria, except where the fiar has a present beneficial interest in the property. There is no authority or principle supporting the availability of specific implement or damages to the fiar against the liferenter during the liferent for general property deterioration. The appeal is refused and the sheriff's decision sustained.

Court Disposition

Appeal refused; sheriff's decision sustained.

Orders

  • Appeal refused.
  • Sheriff's decision dismissing the action as incompetent sustained.