DUMFRIES AND GALLOWAY COUNCIL v. P.D. & I.D. [2011] ScotSC 153 (04 October 2011)

The Sheriff had no power to award expenses in proceedings under Chapter 3 of the Act of Sederunt (Childcare and Maintenance Rules) 1997, as Rule 3.19 expressly prohibits such awards. The award of expenses was therefore incompetent and must be recalled.

Citation: [2011] ScotSC 153
Parties: Appellant: Dumfries & Galloway Council; Respondent: PD; Respondent: ID
Jurisdiction: Scotland
Judgment Date: 04 October 2011
Procedural Posture: Appeal / Judgment on Appeal Against Award of Expenses in Child Protection Order Proceedings
Outcome: Appeal allowed to the extent of recalling the award of expenses; otherwise Sheriff's interlocutors adhered to.
Legal Topics: Child Protection Orders, Award of Expenses, Judicial Discretion, Statutory Interpretation

Family Law Child Protection Civil Procedure Child Protection Orders Award of Expenses Judicial Discretion Statutory Interpretation

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Parties

Dumfries & Galloway Council

Appellant

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Award of Expenses in Child Protection Order Proceedings

Legal Issues

1 Whether the Sheriff had power to award expenses in proceedings under Chapter 3 of the Act of Sederunt (Childcare and Maintenance Rules) 1997 relating to child protection orders
2 Whether Rule 3.19 of the Act of Sederunt precludes any award of expenses in such proceedings

Ratio Decidendi

Court Disposition

Appeal allowed to the extent of recalling the award of expenses; otherwise Sheriff's interlocutors adhered to.

Orders

Award of expenses in favour of respondents deleted from Sheriff's interlocutors of 2 June 2011.
No expenses due to or by either party in respect of the original applications and these appeals.