Black v. Black [2010] ScotSC 28 (22 June 2010)

Black v. Black [2010] ScotSC 28 (22 June 2010)

The pursuer failed to demonstrate that it was necessary or expedient for him to reside in the matrimonial home on an interim basis. The evidence did not establish a specific need for the pursuer to live in that particular home, and the inconvenience or detriment to health from alternative arrangements did not meet the statutory test. The court declined to grant the interim orders sought.

Citation
[2010] ScotSC 28
Parties
Pursuer: Pursuer (Mr Black); Defender: Defender (Mrs Black)
Jurisdiction
Scotland
Judgment Date
22 June 2010
Procedural Posture
Interim Order Application Under Matrimonial Homes (family Protection) (scotland) Act 1981 / Hearing on Interim Orders
Outcome
Interim orders refused
Legal Topics
Matrimonial Homes, Occupancy Rights, Interim Orders, Exclusion From Matrimonial Home
Family Law Civil Procedure Matrimonial Homes Occupancy Rights Interim Orders Exclusion From Matrimonial Home

Case Brief

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Parties

Pursuer (Mr Black)

Pursuer

Defender (Mrs Black)

Defender

Procedural Posture

Interim Order Application Under Matrimonial Homes (family Protection) (scotland) Act 1981 / Hearing on Interim Orders

Legal Issues

  1. 1 Whether interim orders enforcing and protecting the pursuer's occupancy rights in the matrimonial home should be granted under section 3(4) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981
  2. 2 Whether the effect of such orders would be to exclude the entitled spouse (defender) contrary to section 3(5) of the Act

Ratio Decidendi

The pursuer failed to demonstrate that it was necessary or expedient for him to reside in the matrimonial home on an interim basis. The evidence did not establish a specific need for the pursuer to live in that particular home, and the inconvenience or detriment to health from alternative arrangements did not meet the statutory test. The court declined to grant the interim orders sought.

Court Disposition

Interim orders refused

Orders

  • Application for interim orders enforcing and protecting occupancy rights refused