A.A. v. B.B. [2013] ScotSC 102 (03 December 2013)

The defender, by lodging evidence of funding and amending pleadings, established a prima facie case for interim interdict. The balance of convenience favored granting interim interdict to preserve the status quo until proof.

Citation: [2013] ScotSC 102
Parties: Pursuer and Respondent: AA; Defender and Appellant: BB
Jurisdiction: Scotland
Judgment Date: 03 December 2013
Procedural Posture: Divorce and Financial Provision / Appeal Against Refusal of Interim Interdict
Outcome: Appeal allowed in part; interim interdict granted; expenses of appeal awarded to pursuer and respondent; appeal certified as suitable for counsel.
Legal Topics: Divorce, Financial Provision, Interim Interdict, Transfer of Property, Balance of Convenience

Family Law Civil Procedure Divorce Financial Provision Interim Interdict Transfer of Property Balance of Convenience

Case Brief

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Parties

Pursuer and Respondent

Defender and Appellant

Procedural Posture

Divorce and Financial Provision / Appeal Against Refusal of Interim Interdict

Legal Issues

1 Whether the defender demonstrated a prima facie case for interim interdict to prevent the pursuer from disposing of certain matrimonial assets pending proof
2 Whether the sheriff erred in law regarding the test for granting interim interdict

Ratio Decidendi

Court Disposition

Appeal allowed in part; interim interdict granted; expenses of appeal awarded to pursuer and respondent; appeal certified as suitable for counsel.

Orders

Allows amendment of the Record per Minute of Amendment No 16.
Recalls sheriff's interlocutor of 5 September 2013 in respect of refusal of paragraph 2 of defender's motion 7/4.