Florence v. Smith [1913] ScotLR 776_1 (18 June 1913)

Florence v. Smith [1913] ScotLR 776_1 (18 June 1913)

The Court held that proof of intercourse at a date subsequent to conception, together with the defender's false denial of such intercourse and the established intimacy and opportunity, provided sufficient corroboration of the pursuer's evidence to establish paternity. The defender's denial of the incident on 18th March, found by the Sheriff-Substitute to have occurred, undermined his credibility and corroborated the pursuer's account of earlier connection.

Citation
[1913] ScotLR 776_1
Parties
Pursuer/appellant: Catherine Eleanor Florence; Defender/respondent: George Smith
Jurisdiction
Scotland
Judgment Date
18 June 1913
Procedural Posture
Affiliation and Aliment (filiation) Action / Appeal From Sheriff Court to Court of Session Inner House
Outcome
Appeal allowed; interlocutor of Sheriff-Substitute recalled; decree granted for pursuer.
Legal Topics
Parent and Child, Filiation, Proof, Corroboration, Paternity
Family Law Parent and Child Filiation Proof Corroboration Paternity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Catherine Eleanor Florence

Pursuer/appellant

George Smith

Defender/respondent

Procedural Posture

Affiliation and Aliment (filiation) Action / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the pursuer's evidence of paternity is sufficiently corroborated to establish the defender as the father of her child.

Ratio Decidendi

The Court held that proof of intercourse at a date subsequent to conception, together with the defender's false denial of such intercourse and the established intimacy and opportunity, provided sufficient corroboration of the pursuer's evidence to establish paternity. The defender's denial of the incident on 18th March, found by the Sheriff-Substitute to have occurred, undermined his credibility and corroborated the pursuer's account of earlier connection.

Court Disposition

Appeal allowed; interlocutor of Sheriff-Substitute recalled; decree granted for pursuer.

Orders

  • Interlocutor of Sheriff-Substitute recalled.
  • Decree granted in terms of the conclusions of the initial writ.