ESTHER CAMERON v. STUART DOUGLAS LEAL [2010] ScotSC 91 (18 May 2010)

ESTHER CAMERON v. STUART DOUGLAS LEAL [2010] ScotSC 91 (18 May 2010)

The defender did not derive any economic advantage from the pursuer's contributions, and the pursuer's losses were not compensable under s.28(2)(a) of the Family Law (Scotland) Act 2006. The joint loan was agreed to be borne jointly, and the penalty was incurred after cohabitation ended. No order for payment could be made.

Citation
[2010] ScotSC 91
Parties
Pursuer: Esther Cameron; Defender: Stuart Douglas Leal
Jurisdiction
Scotland
Judgment Date
18 May 2010
Procedural Posture
Civil (family Law) / Judgment After Proof
Outcome
Defender absolved from the crave of the Initial Writ; decree of absolvitor granted; question of expenses reserved.
Legal Topics
Cohabitation, Economic Advantage/disadvantage, Capital Sum, Family Law (scotland) Act 2006 S.28
Family Law Cohabitation Economic Advantage/disadvantage Capital Sum Family Law (scotland) Act 2006 S.28

Case Brief

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Parties

Esther Cameron

Pursuer

Stuart Douglas Leal

Defender

Procedural Posture

Civil (family Law) / Judgment After Proof

Legal Issues

  1. 1 Whether the defender derived economic advantage from contributions by the pursuer during cohabitation
  2. 2 Whether the pursuer suffered economic disadvantage in the interests of the defender
  3. 3 Whether an order for payment of a capital sum under s.28(2)(a) of the Family Law (Scotland) Act 2006 is justified

Ratio Decidendi

The defender did not derive any economic advantage from the pursuer's contributions, and the pursuer's losses were not compensable under s.28(2)(a) of the Family Law (Scotland) Act 2006. The joint loan was agreed to be borne jointly, and the penalty was incurred after cohabitation ended. No order for payment could be made.

Court Disposition

Defender absolved from the crave of the Initial Writ; decree of absolvitor granted; question of expenses reserved.

Orders

  • Sustains defender's first and second pleas-in-law
  • Repels pursuer's pleas-in-law quoad ultra