Cameron (AP) v Gibson & Anor [2005] ScotCS CSIH_83 (24 November 2005)

Cameron (AP) v Gibson & Anor [2005] ScotCS CSIH_83 (24 November 2005)

The adoption order was made in respect of a person who was not an 'infant' under the Adoption Act 1950, and thus was ultra vires and a legal nullity. The court had no power to grant such an order, and reduction is competent and must be granted.

Citation
[2005] ScotCS CSIH_83
Parties
Pursuer and Reclaimer: Sheila Cameron (A.P.) as Executrix Nominate of the late Alexander Cameron formerly known as Alexander Cameron MacIntyre; Defenders and Respondents: Ian MacIntyre Gibson and Another
Jurisdiction
Scotland
Judgment Date
24 November 2005
Procedural Posture
Civil Appeal / Reclaiming Motion Against Lord Ordinary's Interlocutor
Outcome
appeal allowed
Legal Topics
Adoption Orders, Jurisdiction, Reduction of Decrees, Ultra Vires Acts
Family Law Administrative Law Adoption Orders Jurisdiction Reduction of Decrees Ultra Vires Acts

Case Brief

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Parties

Sheila Cameron (A.P.) as Executrix Nominate of the late Alexander Cameron formerly known as Alexander Cameron MacIntyre

Pursuer and Reclaimer

Ian MacIntyre Gibson and Another

Defenders and Respondents

Procedural Posture

Civil Appeal / Reclaiming Motion Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether an adoption order made in respect of a person over 21 years of age is ultra vires and a legal nullity
  2. 2 Whether reduction of such an order is competent
  3. 3 Whether the court has discretion to refuse reduction of an ultra vires decree

Ratio Decidendi

The adoption order was made in respect of a person who was not an 'infant' under the Adoption Act 1950, and thus was ultra vires and a legal nullity. The court had no power to grant such an order, and reduction is competent and must be granted.

Court Disposition

appeal allowed

Orders

  • Lord Ordinary's interlocutor recalled
  • Pursuer's first plea-in-law sustained