Lamb v LA [1976] ScotCS CSIH_1 (27 February 1976)

Lamb v LA [1976] ScotCS CSIH_1 (27 February 1976)

The standard of proof required to establish survivorship in civil proceedings under section 31 of the Succession (Scotland) Act 1964 is the balance of probabilities. Section 31 does not introduce a higher or intermediate standard of proof. As the pursuer established on the balance of probabilities that Mr Grant predeceased Mrs Grant, the statutory presumption does not apply and the pursuer is entitled to decree.

Citation
[1976] ScotCS CSIH_1
Parties
Pursuer: Lamb; Defender: Lord Advocate and Others
Jurisdiction
Scotland
Judgment Date
27 February 1976
Procedural Posture
Action of Declarator / Appeal (reclaiming Motion) Before the Inner House, Second Division
Outcome
Appeal allowed; decree of declarator granted in favour of the pursuer.
Legal Topics
Presumption of Survivorship, Standard of Proof in Civil Cases, Interpretation of Succession (scotland) Act 1964 S.31
Succession Law Civil Procedure Presumption of Survivorship Standard of Proof in Civil Cases Interpretation of Succession (scotland) Act 1964 S.31

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 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Lamb

Pursuer

Lord Advocate and Others

Defender

Procedural Posture

Action of Declarator / Appeal (reclaiming Motion) Before the Inner House, Second Division

Legal Issues

  1. 1 What is the standard of proof required to establish survivorship in cases of simultaneous or uncertain deaths under section 31 of the Succession (Scotland) Act 1964?
  2. 2 Does section 31 of the Succession (Scotland) Act 1964 alter the standard of proof in civil proceedings regarding survivorship?

Ratio Decidendi

The standard of proof required to establish survivorship in civil proceedings under section 31 of the Succession (Scotland) Act 1964 is the balance of probabilities. Section 31 does not introduce a higher or intermediate standard of proof. As the pursuer established on the balance of probabilities that Mr Grant predeceased Mrs Grant, the statutory presumption does not apply and the pursuer is entitled to decree.

Court Disposition

Appeal allowed; decree of declarator granted in favour of the pursuer.

Orders

  • Recall of the Lord Ordinary's interlocutor.
  • Decree of declarator granted as concluded for as amended.