Jaffray v. Jaffray [1909] ScotLR 458 (17 February 1909)

Jaffray v. Jaffray [1909] ScotLR 458 (17 February 1909)

The wife, having been assoilzied and awarded expenses in the Outer House, is entitled to an interim award to enable her to defend the reclaiming note in the Inner House, especially as her resources are exhausted and the sum already advanced is insufficient. The Court grants a further interim award of £15 for this purpose.

Citation
[1909] ScotLR 458
Parties
Pursuer (reclaimer): Robert Jaffray; Defender (respondent): Mrs Jane M'Dougall Duncan or Jaffray
Jurisdiction
Scotland
Judgment Date
17 February 1909
Procedural Posture
Divorce Action / Motion for Interim Expenses in Inner House After Reclaiming Note
Outcome
interim award granted
Legal Topics
Divorce, Expenses, Interim Awards, Husband and Wife
Family Law Civil Procedure Divorce Expenses Interim Awards Husband and Wife

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Robert Jaffray

Pursuer (reclaimer)

Mrs Jane M'Dougall Duncan or Jaffray

Defender (respondent)

Procedural Posture

Divorce Action / Motion for Interim Expenses in Inner House After Reclaiming Note

Legal Issues

  1. 1 Whether the wife is entitled to further interim expenses pending the hearing of the reclaiming note in the Inner House
  2. 2 Whether the Court should remit the account of expenses to the Auditor for taxation at this stage

Ratio Decidendi

The wife, having been assoilzied and awarded expenses in the Outer House, is entitled to an interim award to enable her to defend the reclaiming note in the Inner House, especially as her resources are exhausted and the sum already advanced is insufficient. The Court grants a further interim award of £15 for this purpose.

Court Disposition

interim award granted

Orders

  • Pursuer to pay defender £15 towards her expenses in connection with the reclaiming note