SL AGAINST RL [2023] ScotCS CSOH_91 (14 December 2023)

SL AGAINST RL [2023] ScotCS CSOH_91 (14 December 2023)

Clause 21 of the Minute of Agreement, properly construed in context, is limited to financial provision on divorce and does not preclude the pursuer's claim for damages for harassment under the Protection from Harassment Act 1997.

Citation
[2023] ScotCS CSOH_91
Parties
Pursuer: SL; Defender: RL
Jurisdiction
Scotland
Judgment Date
14 December 2023
Procedural Posture
Action of Damages / Debate (motion to Dismiss)
Outcome
defender's motion to dismiss refused
Legal Topics
Contractual Construction, Release Clauses, Financial Provision on Divorce, Harassment
Contract Law Family Law Tort Law Contractual Construction Release Clauses Financial Provision on Divorce Harassment

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Parties

SL

Pursuer

RL

Defender

Procedural Posture

Action of Damages / Debate (motion to Dismiss)

Legal Issues

  1. 1 Whether clause 21 of the Minute of Agreement precludes the pursuer from bringing an action for damages for harassment under the Protection from Harassment Act 1997

Ratio Decidendi

Clause 21 of the Minute of Agreement, properly construed in context, is limited to financial provision on divorce and does not preclude the pursuer's claim for damages for harassment under the Protection from Harassment Act 1997.

Court Disposition

defender's motion to dismiss refused

Orders

  • cause put out By Order for further procedure
  • questions of expenses reserved