Boyle or Riddell v Riddell [2004] ScotSC 88 (23 December 2004)

Boyle or Riddell v Riddell [2004] ScotSC 88 (23 December 2004)

Defender failed to provide credible or substantiated reasons for absence at peremptory diet and did not establish any substantial issue or special circumstances justifying reponing or unequal division of matrimonial property; appeal refused.

Citation
[2004] ScotSC 88
Parties
Pursuer and Respondent: Andrewina Susan Baird Boyle or Riddell; Defender and Appellant: Alan Riddell
Jurisdiction
Scotland
Judgment Date
23 December 2004
Procedural Posture
Family/divorce / Appeal Against Decree by Default
Outcome
appeal refused; interlocutor adhered to; expenses of appeal awarded to pursuer
Legal Topics
Divorce, Financial Provision, Default Judgment, Expenses
Family Law Divorce Financial Provision Default Judgment Expenses

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Parties

Andrewina Susan Baird Boyle or Riddell

Pursuer and Respondent

Alan Riddell

Defender and Appellant

Procedural Posture

Family/divorce / Appeal Against Decree by Default

Legal Issues

  1. 1 Whether the defender should be reponed after decree by default
  2. 2 Whether there are special circumstances justifying unequal division of matrimonial property

Ratio Decidendi

Defender failed to provide credible or substantiated reasons for absence at peremptory diet and did not establish any substantial issue or special circumstances justifying reponing or unequal division of matrimonial property; appeal refused.

Court Disposition

appeal refused; interlocutor adhered to; expenses of appeal awarded to pursuer

Orders

  • Defender and appellant liable to pursuer and respondent in expenses of appeal
  • Account of expenses allowed to be given in