Whigham v Owen [2013] ScotCS CSOH_29 (20 February 2013)

Whigham v Owen [2013] ScotCS CSOH_29 (20 February 2013)

The pursuer made substantial financial and non-financial contributions during a long period of cohabitation, resulting in significant economic advantage to the defender and economic disadvantage to herself. Applying section 28 of the Family Law (Scotland) Act 2006 and the fairness-based approach endorsed in Gow v Grant, a capital sum of £250,000 is appropriate to compensate the pursuer.

Citation
[2013] ScotCS CSOH_29
Parties
Pursuer: Jacqueline Whigham; Defender: Steven Owen
Jurisdiction
Scotland
Judgment Date
20 February 2013
Procedural Posture
Civil / First Instance Judgment
Outcome
pursuer awarded capital sum
Legal Topics
Cohabitation, Financial Provision, Capital Sum, Economic Advantage, Economic Disadvantage
Family Law Cohabitation Financial Provision Capital Sum Economic Advantage Economic Disadvantage

Case Brief

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Parties

Jacqueline Whigham

Pursuer

Steven Owen

Defender

Procedural Posture

Civil / First Instance Judgment

Legal Issues

  1. 1 Whether the pursuer is entitled to a capital sum under section 28(2)(a) of the Family Law (Scotland) Act 2006 following cessation of cohabitation
  2. 2 How to quantify the capital sum due, considering economic advantage and disadvantage

Ratio Decidendi

The pursuer made substantial financial and non-financial contributions during a long period of cohabitation, resulting in significant economic advantage to the defender and economic disadvantage to herself. Applying section 28 of the Family Law (Scotland) Act 2006 and the fairness-based approach endorsed in Gow v Grant, a capital sum of £250,000 is appropriate to compensate the pursuer.

Court Disposition

pursuer awarded capital sum

Orders

  • Defender ordered to pay pursuer a capital sum of £250,000.