Armour v Anderson [1994] ScotCS CSIH_1 (12 April 1994)

Armour v Anderson [1994] ScotCS CSIH_1 (12 April 1994)

A partner may apply for occupancy and exclusion orders under section 18(3) of the 1981 Act so long as the parties were cohabiting at the time of the conduct giving rise to the application, regardless of whether they are cohabiting at the date of application. The sheriff principal erred in holding the application incompetent on the basis of the parties' separation.

Citation
[1994] ScotCS CSIH_1
Parties
Pursuer: Armour; Defender: Anderson
Jurisdiction
Scotland
Judgment Date
12 April 1994
Procedural Posture
Appeal / Appeal Against Interlocutor of Sheriff Principal
Outcome
appeal allowed
Legal Topics
Occupancy Rights, Cohabiting Couples, Exclusion Orders, Tenancy Transfer, Domestic Abuse Protection
Family Law Domestic Violence Housing Law Occupancy Rights Cohabiting Couples Exclusion Orders Tenancy Transfer Domestic Abuse Protection

Case Brief

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Parties

Armour

Pursuer

Anderson

Defender

Procedural Posture

Appeal / Appeal Against Interlocutor of Sheriff Principal

Legal Issues

  1. 1 Whether a cohabiting partner can apply for occupancy and exclusion orders under section 18(3) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 after ceasing to cohabit
  2. 2 Whether the application is competent when the parties have been living apart for an extended period

Ratio Decidendi

A partner may apply for occupancy and exclusion orders under section 18(3) of the 1981 Act so long as the parties were cohabiting at the time of the conduct giving rise to the application, regardless of whether they are cohabiting at the date of application. The sheriff principal erred in holding the application incompetent on the basis of the parties' separation.

Court Disposition

appeal allowed

Orders

  • interlocutor of sheriff principal recalled
  • sheriff's interlocutor of 7 July 1993 affirmed