AB v BB [2011] ScotCS CSOH_198 (02 December 2011)

AB v BB [2011] ScotCS CSOH_198 (02 December 2011)

The defender's conduct, including unfounded allegations, lack of cooperation, and unnecessary motions, caused unnecessary expense and, combined with the pursuer's complete success, justified an award of one-third of the pursuer's expenses against the defender. The defender's liability for expenses during periods of legal aid is modified to one-third, not nil, due to her conduct. The curator ad litem's remuneration and expenses are to be paid from the child's legal aid certificate, not by the defender. Limited indirect contact is ordered in the child's best interests.

Citation
[2011] ScotCS CSOH_198
Parties
Pursuer: AB; Defender: BB; Curator Ad Litem: Moir
Jurisdiction
Scotland
Judgment Date
02 December 2011
Procedural Posture
Family Law Child Residence and Contact / Post Proof, by Order Hearing on Subsidiary Issues and Expenses
Outcome
Defender found liable for one-third of the pursuer's expenses; defender's liability for expenses during legal aid periods modified to one-third; curator ad litem's remuneration and expenses to be paid from child's legal aid certificate; limited indirect contact ordered.
Legal Topics
Residence Order, Contact Order, Expenses in Family Actions, Legal Aid Modification, Curator Ad Litem Remuneration
Family Law Child Law Residence Order Contact Order Expenses in Family Actions Legal Aid Modification Curator Ad Litem Remuneration

Case Brief

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Parties

AB

Pursuer

BB

Defender

Moir

Curator Ad Litem

Procedural Posture

Family Law Child Residence and Contact / Post Proof, by Order Hearing on Subsidiary Issues and Expenses

Legal Issues

  1. 1 Whether the defender should be liable for expenses given her conduct and the pursuer's success
  2. 2 Whether the defender's liability for expenses should be modified due to legal aid and financial circumstances
  3. 3 Whether the defender should pay the curator ad litem's remuneration

Ratio Decidendi

The defender's conduct, including unfounded allegations, lack of cooperation, and unnecessary motions, caused unnecessary expense and, combined with the pursuer's complete success, justified an award of one-third of the pursuer's expenses against the defender. The defender's liability for expenses during periods of legal aid is modified to one-third, not nil, due to her conduct. The curator ad litem's remuneration and expenses are to be paid from the child's legal aid certificate, not by the defender. Limited indirect contact is ordered in the child's best interests.

Court Disposition

Defender found liable for one-third of the pursuer's expenses; defender's liability for expenses during legal aid periods modified to one-third; curator ad litem's remuneration and expenses to be paid from child's legal aid certificate; limited indirect contact ordered.

Orders

  • Curator ad litem to meet with the child to explain end of contact with mother.
  • Professor Chick sanctioned as expert witness.