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Expenses in consistorial actions

Expenses in consistorial actions

The approach to expenses in consistorial actions was set out by Lord Gill (as he then was) in Adams v Adams 1997 SLT 150. At 151C-E he said:

"Section 22 of the Family Law (Scotland) Act 1995 abolished the rule that a husband was liable for the wife's expenses in a consistorial action. It does not follow that in such an action expenses must now follow success. The provisions of the 1995 Act are complex ... in applying these provisions the court has a wide discretion ... The court's approach to expenses must be more flexible than it would be in a simple petitory action ... In exercising its discretion as to expenses the court may take into account such matters as the reasonableness of the parties claims, the extent to which they have co-operated in disclosing, the agreeing of the value of their respective assets, and offers they have made to settle, the extent to which the proof could have been avoided and, of course, the final outcome."

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