Garriock Or Taylor v Taylor [2000] ScotCS 140 (30 May 2000)

Garriock Or Taylor v Taylor [2000] ScotCS 140 (30 May 2000)

The pursuer established, with evidence from herself and family members, that the defender's behaviour rendered cohabitation unreasonable and there was no prospect of reconciliation, satisfying statutory grounds for divorce. Unaverred evidence was admissible as it related to pled issues and was not objected to. Cross-examination on religious beliefs was properly limited to relevant legal matters. Financial provision was reduced to the amount sought, and expenses awarded to the successful party.

Citation
[2000] ScotCS 140
Parties
Pursuer and Respondent: Elaine Garriock or Taylor; Defender and Appellant: Michael Edward Taylor
Jurisdiction
Scotland
Judgment Date
30 May 2000
Procedural Posture
Divorce Appeal / Appeal From Sheriff Principal to Court of Session
Outcome
appeal refused except for reduction of capital sum
Legal Topics
Divorce, Irretrievable Breakdown, Reasonable Expectation of Cohabitation, Financial Provision, Expenses
Family Law Divorce Irretrievable Breakdown Reasonable Expectation of Cohabitation Financial Provision Expenses

Case Brief

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Parties

Elaine Garriock or Taylor

Pursuer and Respondent

Michael Edward Taylor

Defender and Appellant

Procedural Posture

Divorce Appeal / Appeal From Sheriff Principal to Court of Session

Legal Issues

  1. 1 Whether the marriage had broken down irretrievably under Divorce (Scotland) Act 1976 s.1(2)(b)
  2. 2 Whether the pursuer could not reasonably be expected to cohabit with the defender
  3. 3 Sufficiency of evidence under Civil Evidence (Scotland) Act 1988 s.8(3)

Ratio Decidendi

The pursuer established, with evidence from herself and family members, that the defender's behaviour rendered cohabitation unreasonable and there was no prospect of reconciliation, satisfying statutory grounds for divorce. Unaverred evidence was admissible as it related to pled issues and was not objected to. Cross-examination on religious beliefs was properly limited to relevant legal matters. Financial provision was reduced to the amount sought, and expenses awarded to the successful party.

Court Disposition

appeal refused except for reduction of capital sum

Orders

  • Capital sum reduced from £950 to £750
  • No change to award of expenses before Sheriff and Sheriff Principal