A v. B and Another [1912] ScotLR 560 (14 March 1912)

A v. B and Another [1912] ScotLR 560 (14 March 1912)

There was no collusion as defined by Scots law; the co-defender is liable for damages and expenses, which are to be taxed as between agent and client under the statutory provision, and no express direction in the interlocutor is necessary.

Citation
[1912] ScotLR 560
Parties
Pursuer: A; Defender: B; Co Defender: Another
Jurisdiction
Scotland
Judgment Date
14 March 1912
Procedural Posture
Divorce for Adultery / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Decree of divorce granted; co-defender found liable in damages and expenses.
Legal Topics
Divorce, Adultery, Collusion, Expenses, Damages
Family Law Divorce Adultery Collusion Expenses Damages

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Parties

A

Pursuer

B

Defender

Another

Co Defender

Procedural Posture

Divorce for Adultery / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether collusion existed between the pursuer and defender precluding divorce
  2. 2 Whether expenses against the co-defender should be taxed as between agent and client under the Conjugal Rights (Scotland) Act 1861, sec. 7

Ratio Decidendi

There was no collusion as defined by Scots law; the co-defender is liable for damages and expenses, which are to be taxed as between agent and client under the statutory provision, and no express direction in the interlocutor is necessary.

Court Disposition

Decree of divorce granted; co-defender found liable in damages and expenses.

Orders

  • Decree of divorce granted in favour of pursuer.
  • Co-defender found liable to pursuer in £250 damages.