K, APPEAL IN THE CAUSE K v K AND W (CURATRIX AD LITEM) [2018] ScotSAC Civ 24 (05 September 2018)

K, APPEAL IN THE CAUSE K v K AND W (CURATRIX AD LITEM) [2018] ScotSAC Civ 24 (05 September 2018)

The court held that the sheriff had not erred in law and that the appointment of the curatrix ad litem was justified by the evidence of incapacity.

Citation
[2018] ScotSAC Civ 24
Parties
Appellant: K; Respondent: K; Curatrix Ad Litem: W (Curatrix ad Litem)
Jurisdiction
Scotland
Judgment Date
05 September 2018
Procedural Posture
Civil Appeal / Appeal
Outcome
appeal dismissed
Legal Topics
Curatrix Ad Litem, Appeal Procedure
Family Law Curatrix Ad Litem Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

K

Appellant

K

Respondent

W (Curatrix ad Litem)

Curatrix Ad Litem

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether the appointment of a curatrix ad litem was appropriate
  2. 2 Whether the sheriff erred in law in appointing the curatrix

Ratio Decidendi

The court held that the sheriff had not erred in law and that the appointment of the curatrix ad litem was justified by the evidence of incapacity.

Court Disposition

appeal dismissed

Orders

  • The appeal is refused.