PATRICIA ANN SIMPSON OR MORRIS v. JAMES GAVIN MORRIS [2012] ScotSC 6 (11 January 2012)

PATRICIA ANN SIMPSON OR MORRIS v. JAMES GAVIN MORRIS [2012] ScotSC 6 (11 January 2012)

No relevant defence was averred to the claim for implement; the defender's alleged impecuniosity was not properly raised in the pleadings and does not constitute an exceptional circumstance warranting refusal of implement. The pursuer is entitled to decree for implement of Clause 3 of the Minute of Agreement.

Citation
[2012] ScotSC 6
Parties
Pursuer: Patricia Ann Simpson or Morris; Defender: James Gavin Morris
Jurisdiction
Scotland
Judgment Date
11 January 2012
Procedural Posture
Civil Action for Implement and Damages / Judgment After Debate on Preliminary Pleas
Outcome
Decree granted for implement in terms of the first crave; defender's preliminary pleas repelled; cause appointed to hearing after 28 days; expenses awarded as specified.
Legal Topics
Specific Implement, Breach of Contract, Damages, Minute of Agreement, Divorce Settlement
Contract Law Family Law Specific Implement Breach of Contract Damages Minute of Agreement Divorce Settlement

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Parties

Patricia Ann Simpson or Morris

Pursuer

James Gavin Morris

Defender

Procedural Posture

Civil Action for Implement and Damages / Judgment After Debate on Preliminary Pleas

Legal Issues

  1. 1 Whether the pursuer is entitled to decree for implement of Clause 3 of the Minute of Agreement
  2. 2 Whether the defender's alleged impecuniosity is a relevant defence to specific implement
  3. 3 Whether the pursuer's claim for damages is relevant and properly formulated

Ratio Decidendi

No relevant defence was averred to the claim for implement; the defender's alleged impecuniosity was not properly raised in the pleadings and does not constitute an exceptional circumstance warranting refusal of implement. The pursuer is entitled to decree for implement of Clause 3 of the Minute of Agreement.

Court Disposition

Decree granted for implement in terms of the first crave; defender's preliminary pleas repelled; cause appointed to hearing after 28 days; expenses awarded as specified.

Orders

  • Defender to execute and deliver to pursuer a declaration of present solvency within 28 days.
  • Defender to pay to Lloyds TSB plc the full sum required to redeem the secured loan (including early redemption charges or penalties) within 28 days.