by on October 10, 2012 in Private Client

Cohabitants’ claims are strictly time-limited

The Scottish Court of Session has ruled that the one-year time limit for s25 financial provision claims under the Family Law (Scotland) Act 2006 is to be rigidly applied.

Overruling a sheriff’s decision to allow a time-barred claim in Simpson v Downie, the Court of Session said a cohabitant has no independent substantive right to financial provision. 

The full case report from the Scottish Courts Service can be found here.  

An article from Scottish Legal News can also be found here.

 

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by on July 23, 2011 in Local Authority, Private Client

Court of Session to decide where soldier is buried

The widow and mother of a Scottish soldier, who survived an explosion in Afghanistan only to die in an alleged brawl in a German pub, are locked in a court battle over where he will be buried.
Private Mark Connolly’s wife has lodged papers at the Court of Session in a bid to overturn a decision by the Ministry of Defence.  The MOD says it has to release her husband’s body to his mother because she was named as Executor in his will.   That has been challenged by Mrs Connolly’s lawyers.
Mrs Connolly’s lawyers are claiming that the MOD has wrongly based its decision on English law and that Scots law should apply in this matter.  Her lawyers are also arguing that under Scottish law it is not automatically the case that the Executor decides where and how a person is buried.
The story from the Scotsman can be found here.
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