Dunbar v. Dunbar [1911] ScotLR 16 (25 October 1911)

Dunbar v. Dunbar [1911] ScotLR 16 (25 October 1911)

Where direct averments of personal violence are made, no delicate or difficult question of law arises, and the pursuer is entitled to the cheaper procedure in the Sheriff Court; the Court of Session should remit the cause back to the Sheriff.

Citation
[1911] ScotLR 16
Parties
Pursuer: Mrs Mary Brown or Dunbar; Defender: Robert Dunbar
Jurisdiction
Scotland
Judgment Date
25 October 1911
Procedural Posture
Action of Separation and Aliment / Remit From Sheriff Court to Court of Session, Then Re Remitted to Sheriff Court
Outcome
Remitted cause back to Sheriff-Substitute to proceed; found pursuer entitled to expenses since 3rd October 1911.
Legal Topics
Separation, Aliment, Remit of Cause, Sheriff Courts (scotland) Act 1907
Family Law Civil Procedure Separation Aliment Remit of Cause Sheriff Courts (scotland) Act 1907

Case Brief

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Parties

Mrs Mary Brown or Dunbar

Pursuer

Robert Dunbar

Defender

Procedural Posture

Action of Separation and Aliment / Remit From Sheriff Court to Court of Session, Then Re Remitted to Sheriff Court

Legal Issues

  1. 1 Whether the Sheriff Court or Court of Session should hear an action of separation and aliment when direct averments of personal violence are made
  2. 2 Whether the Sheriff-Substitute's remit to the Court of Session was justified

Ratio Decidendi

Where direct averments of personal violence are made, no delicate or difficult question of law arises, and the pursuer is entitled to the cheaper procedure in the Sheriff Court; the Court of Session should remit the cause back to the Sheriff.

Court Disposition

Remitted cause back to Sheriff-Substitute to proceed; found pursuer entitled to expenses since 3rd October 1911.

Orders

  • Remit the cause back to the Sheriff-Substitute to proceed
  • Find the pursuer entitled to expenses since 3rd October 1911