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Scotland Case Law

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Private international law [2026] CSOH 23

Tamkara Olayinka Irimagha or Adun against David Kehinde Adun (Court of Session)

Tamkara Olayinka Irimagha or Adun against David Kehinde Adun (Court of Session) [2026] CSOH 23 (11 March 2026)

The Court of Session granted a discretionary sist in a divorce action, holding that Nigeria was the prima facie more appropriate forum and that substantial justice was not shown to be at risk there.

  • Jurisdiction in divorce
  • Forum non conveniens
  • Discretionary sist
  • International matrimonial proceedings
  • Discretionary-sist
  • Forum-non-conveniens
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Family law [2009] ScotSC 163

ALEXANDER IAN WILLIAMSON v. KAREN MAY SIMPSON OR WILLIAMSON

ALEXANDER IAN WILLIAMSON v. KAREN MAY SIMPSON OR WILLIAMSON [2009] ScotSC 163 (22 October 2009)

The Sheriff Principal refused a divorce jurisdiction appeal, holding that temporary absences did not prevent residence in the sheriffdom for the 40-day rule.

  • Jurisdiction in divorce
  • Interpretation of residence requirements
  • Allocation of cases to sheriff court
  • Divorce-jurisdiction
  • Residence
  • Sheriff-court-jurisdiction
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Family law [2009] ScotSC 18

Williamson v. Simpson Or Williamson

Williamson v. Simpson Or Williamson [2009] ScotSC 18 (06 March 2009)

The Scottish Sheriff Court held it had jurisdiction in this divorce action, finding the pursuer remained domiciled and habitually resident in Scotland.

  • Jurisdiction in divorce
  • Domicile
  • Habitual residence
  • Brussels ii bis regulation
  • Domicile and matrimonial proceedings act 1973
  • Divorce-jurisdiction
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Family law [1954] ScotCS CSIH_2

Willar v Willar

Willar v Willar [1954] ScotCS CSIH_2 (29 June 1954)

The court held that a serving soldier could acquire a Scottish domicile of choice on the facts, and sustained jurisdiction in a divorce action.

  • Domicile of choice
  • Jurisdiction in divorce
  • Military service and domicile
  • Domicile-of-choice
  • Divorce-jurisdiction
  • Military-service-and-domicile
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Family law [1914] ScotLR 406

Corbidge v. Somerville

Corbidge v. Somerville [1914] ScotLR 406 (12 March 1914)

The Court of Session held that Samuel Wallace May Somerville was domiciled in England and reduced a Scottish divorce decree for want of jurisdiction.

  • Domicile
  • Jurisdiction in divorce
  • Reduction of decree
  • Domicile of origin and choice
  • Divorce-jurisdiction
  • Reduction-of-decree
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.