Ackerman v Blackburn & Ors [2000] ScotCS 14 (18 January 2000)

Ackerman v Blackburn & Ors [2000] ScotCS 14 (18 January 2000)

The pursuer failed to prove, on the balance of probabilities, that she and Mr Logan were married by cohabitation with habit and repute. The evidence did not establish a general and consistent repute of marriage among family, friends, or the wider community, and both parties did not have the necessary matrimonial intention. The legal requirements for constitution of marriage by cohabitation with habit and repute were not satisfied.

Citation
[2000] ScotCS 14
Parties
Pursuer: Laura Ackerman; Defender: Mrs Jennifer Ann Blackburn and Others (including Bruce Logan)
Jurisdiction
Scotland
Judgment Date
18 January 2000
Procedural Posture
Civil Family Law (declarator of Marriage by Cohabitation With Habit and Repute) / Outer House, Court of Session Final Judgment
Outcome
Action dismissed; defenders assoilzied (absolved) from the conclusions of the summons.
Legal Topics
Marriage by Cohabitation With Habit and Repute, Declarator of Marriage, Interdict, Succession
Family Law Marriage by Cohabitation With Habit and Repute Declarator of Marriage Interdict Succession

Case Brief

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Parties

Laura Ackerman

Pursuer

Mrs Jennifer Ann Blackburn and Others (including Bruce Logan)

Defender

Procedural Posture

Civil Family Law (declarator of Marriage by Cohabitation With Habit and Repute) / Outer House, Court of Session Final Judgment

Legal Issues

  1. 1 Whether the pursuer and the late Robert Noel Sangster Logan were married by cohabitation with habit and repute under Scots law
  2. 2 Whether sufficient evidence of habit and repute was established
  3. 3 Whether the presumption of tacit consent to marriage was rebutted

Ratio Decidendi

The pursuer failed to prove, on the balance of probabilities, that she and Mr Logan were married by cohabitation with habit and repute. The evidence did not establish a general and consistent repute of marriage among family, friends, or the wider community, and both parties did not have the necessary matrimonial intention. The legal requirements for constitution of marriage by cohabitation with habit and repute were not satisfied.

Court Disposition

Action dismissed; defenders assoilzied (absolved) from the conclusions of the summons.

Orders

  • Second, third and fourth pleas-in-law for the first and second defenders sustained.
  • Pleas-in-law for the pursuer repelled.