Edgar v Edgar [2014] ScotCS CSOH_60 (28 March 2014)

Edgar v Edgar [2014] ScotCS CSOH_60 (28 March 2014)

The disposition was a gratuitous deed executed by the pursuer under essential error as to its nature and effect, induced by the defender's persistent pestering and exploitation of her facility due to ill health and bereavement. The pursuer did not understand she was transferring half the property to the defender. The error was material and substantial, and the deed is reducible under Scots law. Even if the deed were onerous, the defender's conduct constituted sufficient bad faith to justify reduction.

Citation
[2014] ScotCS CSOH_60
Parties
Pursuer: Mary McGilp Edgar; Defender: William Gordon Edgar
Jurisdiction
Scotland
Judgment Date
28 March 2014
Procedural Posture
Action of Production and Reduction / Judgment After Proof
Outcome
Decree of reduction granted in favour of the pursuer; defender's counter-claim refused.
Legal Topics
Reduction of Disposition, Essential Error, Facility and Circumvention, Gratuitous Deeds, Division and Sale
Property Law Contract Law Civil Procedure Reduction of Disposition Essential Error Facility and Circumvention Gratuitous Deeds Division and Sale

Case Brief

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Parties

Mary McGilp Edgar

Pursuer

William Gordon Edgar

Defender

Procedural Posture

Action of Production and Reduction / Judgment After Proof

Legal Issues

  1. 1 Whether the disposition of one half of the pursuer's interest in the property to the defender should be reduced on the ground of essential error or facility and circumvention
  2. 2 Whether the pursuer was under essential error as to the nature of the deed signed
  3. 3 Whether the defender acted in bad faith or took advantage of the pursuer's facility

Ratio Decidendi

The disposition was a gratuitous deed executed by the pursuer under essential error as to its nature and effect, induced by the defender's persistent pestering and exploitation of her facility due to ill health and bereavement. The pursuer did not understand she was transferring half the property to the defender. The error was material and substantial, and the deed is reducible under Scots law. Even if the deed were onerous, the defender's conduct constituted sufficient bad faith to justify reduction.

Court Disposition

Decree of reduction granted in favour of the pursuer; defender's counter-claim refused.

Orders

  • Sustain the pursuer's first plea in law and grant decree of reduction in terms of the pursuer's first conclusion.
  • Repel the defender's pleas in law and refuse the counter-claim.