Havery v. Brownlee [1908] ScotLR 312 (15 January 1908)

The pursuer failed to provide reasonable and substantial corroboration of her evidence regarding the alleged act of connection in March; defender's admission of subsequent acts did not suffice.

Citation: [1908] ScotLR 312
Parties: Pursuer: Mary Wilhelmina Havery; Defender: Robert Brownlee
Jurisdiction: Scotland
Judgment Date: 15 January 1908
Procedural Posture: Affiliation and Aliment / Appeal From Sheriff Court Judgment
Outcome: appeal allowed; defender assoilzied
Legal Topics: Parent and Child, Affiliation, Presumption of Paternity, Corroboration of Evidence

Family Law Parent and Child Affiliation Presumption of Paternity Corroboration of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Mary Wilhelmina Havery

Pursuer

Robert Brownlee

Defender

Procedural Posture

Affiliation and Aliment / Appeal From Sheriff Court Judgment

Legal Issues

1 Whether there was sufficient corroboration of the pursuer's evidence regarding paternity
2 Effect of defender's admission of intercourse at dates subsequent to alleged conception

Ratio Decidendi

The pursuer failed to provide reasonable and substantial corroboration of her evidence regarding the alleged act of connection in March; defender's admission of subsequent acts did not suffice.

Court Disposition

appeal allowed; defender assoilzied

Orders

Sheriff-Substitute's interlocutor recalled
Defender assoilzied (absolved)