Press "Enter" to skip to content

Tag: Family Law

Cohabitants, unjustified enrichment, contract and subsidiarity: Pert v McCaffrey

One cheer

The decision of a Court of Five Judges in Pert v McCaffrey [2020] CSIH 5 will raise one cheer from family lawyers.  It over-rules the previous Outer House holding in Courtney’s Executors v Campbell [2016] CSOH 136, 2017 SCLR 387, that the “subsidiarity” of unjustified enrichment entails its non-availability to an ex-cohabitant who has failed at least to seek the remedy available to him or her against their former and still living partner under section 28 of the Family Law (Scotland) Act 2006.  (The ending of cohabitation by death is dealt with under section 29 and is not treated here.)

Comments closed

The Children (Scotland) Bill – improving children’s participation rights?

By Gillian Black, Senior Lecturer in Family Law, University of Edinburgh

In September 2019, the Scottish Government published the Children (Scotland) Bill, introduced by Justice Secretary Humza Yousef. This Bill is, in part, a response to the detailed and lengthy consultation on the Children (Scotland) Act 1995 carried out by the Scottish Government over the summer of 2018, seeking input on a wide range of matters concerning children and families. The Bill started its progress through Parliament in November 2019, under the lead of the Justice Committee.

Comments closed
css.php

Report this page

To report inappropriate content on this page, please use the form below. Upon receiving your report, we will be in touch as per the Take Down Policy of the service.

Please note that personal data collected through this form is used and stored for the purposes of processing this report and communication with you.

If you are unable to report a concern about content via this form please contact the Service Owner.

Please enter an email address you wish to be contacted on. Please describe the unacceptable content in sufficient detail to allow us to locate it, and why you consider it to be unacceptable.
By submitting this report, you accept that it is accurate and that fraudulent or nuisance complaints may result in action by the University.

  Cancel