SILVIA DONALDSON v. JOHN DONALDSON & FIONA MCKINNON [2014] ScotSC 56 (20 March 2014)

SILVIA DONALDSON v. JOHN DONALDSON & FIONA MCKINNON [2014] ScotSC 56 (20 March 2014)

The sheriff's interlocutor of 20 December 2013 disposed of the subject-matter of the cause and was therefore final. The defender's delay in appealing was not justified by confusion, and no proper explanation for the delay was provided. The court refused to exercise its dispensing power to allow a late appeal.

Citation
[2014] ScotSC 56
Parties
Pursuer: Silvia Donaldson; Defender: John Donaldson; Curatrix Ad Litem: Fiona McKinnon
Jurisdiction
Scotland
Judgment Date
20 March 2014
Procedural Posture
Family Law Child Residence and Contact / Motion to Allow Late Note of Appeal Against Interlocutor
Outcome
Motion to allow late note of appeal refused
Legal Topics
Residence Order, Contact Order, Appeals, Final Interlocutor, Dispensing Power
Family Law Civil Procedure Residence Order Contact Order Appeals Final Interlocutor Dispensing Power

Case Brief

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Parties

Silvia Donaldson

Pursuer

John Donaldson

Defender

Fiona McKinnon

Curatrix Ad Litem

Procedural Posture

Family Law Child Residence and Contact / Motion to Allow Late Note of Appeal Against Interlocutor

Legal Issues

  1. 1 Whether the sheriff's interlocutor dated 20 December 2013 was a final interlocutor for appeal purposes
  2. 2 Whether the court should exercise its dispensing power to allow a late note of appeal

Ratio Decidendi

The sheriff's interlocutor of 20 December 2013 disposed of the subject-matter of the cause and was therefore final. The defender's delay in appealing was not justified by confusion, and no proper explanation for the delay was provided. The court refused to exercise its dispensing power to allow a late appeal.

Court Disposition

Motion to allow late note of appeal refused

Orders

  • No expenses due to or by any party
  • Remitted to the sheriff to proceed as accords