Black v. McKeever or Black [2010] ScotSC 18 (16 December 2010)

Black v. McKeever or Black [2010] ScotSC 18 (16 December 2010)

The sheriff principal held that the sheriff exercised his discretion correctly under section 3(4) of the 1981 Act, properly considering whether interim orders were necessary or expedient. The sheriff did not err in law, nor did he exclude the Appellant from the matrimonial home. The declarator that the house is a matrimonial home was granted as unopposed, but the appeal against refusal of interim orders was refused.

Citation
[2010] ScotSC 18
Parties
Pursuer and Appellant: Murray Black; Defender and Respondent: Anita McKeever or Black
Jurisdiction
Scotland
Judgment Date
16 December 2010
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Interim Orders
Outcome
Appeal refused in part; declarator granted that the house is a matrimonial home; otherwise, interlocutor adhered to.
Legal Topics
Matrimonial Homes, Occupancy Rights, Interim Orders, Exclusion From Matrimonial Home
Family Law Matrimonial Homes Occupancy Rights Interim Orders Exclusion From Matrimonial Home

Case Brief

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Parties

Murray Black

Pursuer and Appellant

Anita McKeever or Black

Defender and Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Interim Orders

Legal Issues

  1. 1 Whether the house at 19 McKenzie Place, Avoch is a matrimonial home under the 1981 Act
  2. 2 Whether interim orders enforcing or protecting occupancy rights should be granted under section 3(4) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981

Ratio Decidendi

The sheriff principal held that the sheriff exercised his discretion correctly under section 3(4) of the 1981 Act, properly considering whether interim orders were necessary or expedient. The sheriff did not err in law, nor did he exclude the Appellant from the matrimonial home. The declarator that the house is a matrimonial home was granted as unopposed, but the appeal against refusal of interim orders was refused.

Court Disposition

Appeal refused in part; declarator granted that the house is a matrimonial home; otherwise, interlocutor adhered to.

Orders

  • Declarator granted that 19 McKenzie Place, Avoch, Ross-shire, IV9 8QW is a matrimonial home under section 22 of the 1981 Act.
  • Appeal otherwise refused; interlocutor of 17 June 2010 adhered to.