A B v. C B [1917] ScotLR 31 (27 October 1917)

A B v. C B [1917] ScotLR 31 (27 October 1917)

A husband obtaining an award of expenses against the separate estate of his wife in a divorce action is entitled only to the party and party scale of taxation, not the matrimonial scale, as the underlying principle of the matrimonial scale does not apply to husbands.

Citation
[1917] ScotLR 31
Parties
Pursuer (reclaimer): A B; Defender (respondent): C B
Jurisdiction
Scotland
Judgment Date
27 October 1917
Procedural Posture
Divorce Action / Appeal (reclaiming Motion) Against Interlocutor on Taxation of Expenses
Outcome
appeal dismissed; court adhered to Lord Ordinary's interlocutor
Legal Topics
Divorce, Expenses, Taxation of Costs, Matrimonial Scale, Party and Party Scale
Family Law Civil Procedure Divorce Expenses Taxation of Costs Matrimonial Scale Party and Party Scale

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Parties

A B

Pursuer (reclaimer)

C B

Defender (respondent)

Procedural Posture

Divorce Action / Appeal (reclaiming Motion) Against Interlocutor on Taxation of Expenses

Legal Issues

  1. 1 Whether a successful husband in a divorce action against a wife with separate estate is entitled to have his expenses taxed on the matrimonial scale or only on the party and party scale

Ratio Decidendi

A husband obtaining an award of expenses against the separate estate of his wife in a divorce action is entitled only to the party and party scale of taxation, not the matrimonial scale, as the underlying principle of the matrimonial scale does not apply to husbands.

Court Disposition

appeal dismissed; court adhered to Lord Ordinary's interlocutor

Orders

  • Note of objections repelled
  • Decree granted for the taxed amount approved by the Auditor