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Scotland decisions
Decisions matching the current search
Claire Louise Robertson against Gordie Wallace (Sheriff Court Civil) [2026] SCAIR 42 (27 March 2026)
The sheriff awarded a cohabitant a £10,424 capital sum under section 28 of the Family Law (Scotland) Act 2006 and ordered division of sale proceeds.
KK against TC (Sheriff Court Civil) [2025] SCKIL 17 (31 December 2025)
A Scottish sheriff held that cohabitation ended on 8 September 2023, so the pursuer’s section 28 claim was served out of time and dismissed.
HW against MC (Sheriff Court Civil) [2026] SCFOR 28 (19 December 2025)
The sheriff held that the parties ceased to cohabit on 8 March 2024, so the pursuer’s cohabitation claim was brought in time under section 28(8) of the 2006 Act.
E against F (Sheriff Court Civil) [2025] SCDUN 76 (22 August 2025)
In this cohabitation claim, the sheriff found both parties had benefited and suffered loss, and ordered the defender to pay the pursuer £150,000 on sale of the family home.
Thomas Barbour against Marion McEwan (Sheriff Court Civil) [2025] SCGLA 46 (03 July 2025)
The sheriff held that a cohabitant’s claim was already based on section 28 of the Family Law (Scotland) Act 2006, allowed amendment to say so expressly, and repelled the defender’s relevancy plea.
CD against ND (Court of Session) [2024] CSOH 98 (01 November 2024)
A Scottish divorce proof on the relevant date held the parties ceased to cohabit on 6 January 2020, not 30 December 2017.
Marianne McBride v Graeme McInnes (Sheriff Appeal Court Civil) [2024] SACCIV 42 (03 October 2024)
The Sheriff Appeal Court held that interim occupancy rights are not competent under section 18 of the 1981 Act and that the respondent’s occupancy-right crave was incompetent.
PC (AP) against MS (Sheriff Appeal Court Civil) [2024] SACCIV 37 (07 August 2024)
Appeal over cohabitation financial provision under section 28 of the Family Law (Scotland) Act 2006 dismissed; awards for economic disadvantage and child care costs were affirmed.
CHRISTINE PERT (AP) AGAINST JOHN McCAFFREY [2020] ScotCS CSIH_5 (29 January 2020)
Scottish appeal on unjustified enrichment, cohabitation, and prescription. The court held an alternative contractual remedy existed and the claim had prescribed.
McLEOD AGAINST STEPHANIE NOBLE [2018] ScotSC 18 (27 March 2018)
A Scottish Sheriff Court dismissed Kenneth McLeod’s claim for a share of property after cohabitation, finding the evidence did not justify division under fairness and contributions.
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