Reekie v Reekie [2004] ScotCS 170 (09 July 2004)

Reekie v Reekie [2004] ScotCS 170 (09 July 2004)

The statutory test for an exclusion order is satisfied as the defender unjustifiably assaulted the pursuer, causing injuries corroborated by medical and third-party evidence. The order is necessary for the pursuer's protection and is not unreasonable or unjustified in the circumstances, even considering the defender's competing interests.

Citation
[2004] ScotCS 170
Parties
Pursuer: Gavin Ralston Reekie; Defender: Eileen Bridgette Lundbland or Reekie
Jurisdiction
Scotland
Judgment Date
09 July 2004
Procedural Posture
Civil (family Law) / Interim Motion for Exclusion Order and Associated Relief
Outcome
Interim exclusion order and associated relief granted in favour of the pursuer.
Legal Topics
Exclusion Order, Non Molestation Interdict, Summary Ejection, Matrimonial Homes, Domestic Violence, Power of Arrest
Family Law Civil Procedure Exclusion Order Non Molestation Interdict Summary Ejection Matrimonial Homes Domestic Violence Power of Arrest

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Parties

Gavin Ralston Reekie

Pursuer

Eileen Bridgette Lundbland or Reekie

Defender

Procedural Posture

Civil (family Law) / Interim Motion for Exclusion Order and Associated Relief

Legal Issues

  1. 1 Whether the statutory test for an interim exclusion order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 is satisfied
  2. 2 Whether the making of such an order is necessary for the protection of the pursuer from conduct or threatened conduct of the defender
  3. 3 Whether the making of an exclusion order would be unreasonable or unjustified having regard to the statutory factors

Ratio Decidendi

The statutory test for an exclusion order is satisfied as the defender unjustifiably assaulted the pursuer, causing injuries corroborated by medical and third-party evidence. The order is necessary for the pursuer's protection and is not unreasonable or unjustified in the circumstances, even considering the defender's competing interests.

Court Disposition

Interim exclusion order and associated relief granted in favour of the pursuer.

Orders

  • Power of arrest attached to interim interdicts granted on 1 June 2004
  • Interim exclusion order suspending the occupancy rights of the defender in the matrimonial home at 26 Forgan Drive, Drumoig, by Leuchars, KY16 0BE