Robertson v. M'Caw [1911] ScotLR 577 (09 March 1911)

Given the defender's departure from Scotland and disposal of assets to the pursuer's prejudice, the court properly exercised its discretion in ordaining him to find caution for expenses.

Citation: [1911] ScotLR 577
Parties: Pursuer/respondent: Mrs Margaret G. Robertson, formerly M'Caw; Defender/reclaimer: Daniel M'Caw
Jurisdiction: Scotland
Judgment Date: 09 March 1911
Procedural Posture: Civil / Reclaiming Motion (appeal) Against Interlocutor Ordaining Defender to Find Caution for Expenses
Outcome: reclaiming note refused; interlocutor adhered to; decree granted against defender
Legal Topics: Divorce, Legal Rights of Spouse, Caution for Expenses, Moveable Estate, Enforcement of Judgments

Family Law Civil Procedure Divorce Legal Rights of Spouse Caution for Expenses Moveable Estate Enforcement of Judgments

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Parties

Mrs Margaret G. Robertson, formerly M'Caw

Pursuer/respondent

Daniel M'Caw

Defender/reclaimer

Procedural Posture

Civil / Reclaiming Motion (appeal) Against Interlocutor Ordaining Defender to Find Caution for Expenses

Legal Issues

1 Whether a defender who has left the jurisdiction and is disposing of assets can be ordered to find caution for expenses
2 Whether the court properly exercised discretion in ordaining caution

Ratio Decidendi

Given the defender's departure from Scotland and disposal of assets to the pursuer's prejudice, the court properly exercised its discretion in ordaining him to find caution for expenses.

Court Disposition

reclaiming note refused; interlocutor adhered to; decree granted against defender

Orders

Defender ordained to find caution for expenses within specified period
On failure, decree for restricted sum (£551 odd) granted against defender