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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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I need to Lodge an Appeal against an Ordinary Cause Decision

Customer Question

I need to Lodge an Appeal against an Ordinary Cause Decision before %pm today and cannot find which Format to put it in. Can you help please?
Submitted: 2 years ago.
Category: Scots Law
Expert:  Jamie-Law replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain your situation a little more? What type of matter was it?

JACUSTOMER-nxsszz3o- :

This is concerning Endowment insurance policies my ex husband now wants me to sign over my half to him

JACUSTOMER-nxsszz3o- :

He kept these running

JACUSTOMER-nxsszz3o- :

they mature 14months ago and he sent shiff officers with a writ or warrant to my house

JACUSTOMER-nxsszz3o- :

I have my 3 [points of appeal which are:

Alex Watts :

I see this matter is listed in Scotland. I am sorry I did not realise.

JACUSTOMER-nxsszz3o- :
I did not receive full disclosure from the Plaintiffs Lawyer on the basis i was not aware of The 1985 Families Act Section 16.

The Judge on several occasions referred to the Plaintiff as the Defense.

In The 1985 Families act Section 16, it does not refer to me having to renounce my entitlement to Half of the said endowments. Therefor I feel my rights were abused.

Alex Watts :

I will opt out and let a Scots lawyer deal with this.

Alex Watts :

I am sorry, one should be along shortly.

JACUSTOMER-nxsszz3o- :

I have started my note of appeal as follows but not sure if i'm doing it the right way

JACUSTOMER-nxsszz3o- :









Ordinary Cause Appeal



Statement by prospective lay representative for Pursuer/Defender*


Case Ref. No.:A65/14


in the cause


SHERIFFDOM OF TAYSIDE CENTRAL AND FIFE


AT FALKIRK SHERIFF COURT



[A.B.], Melanie Fraser Merrilees or Graham or Greig residing at


113 Grahamsdyke Street, Laurieston, Falkirk, FK2 9LD Pursuer


against


[C.D.], James Graham resising at***** Larbert, FK5 4NP Defender


Court ref. no:A65/14


JACUSTOMER-nxsszz3o- :
I did not receive full disclosure from the Plaintiffs Lawyer on the basis i was not aware of The 1985 Families Act Section 16.

The Judge on several occasions referred to the Plaintiff as the Defense.

In The 1985 Families act Section 16, it does not refer to me having to renounce my entitlement to Half of the said endowments. Therefor I feel my rights were abused.

This Appeal is written without Prejudice to my whole rights and pleas and is not to be founded upon in any court proceedings unless i choose to do so. All rights Reserved.
JACUSTOMER-nxsszz3o- :

Is this acceptable to the Sheriff Court or do I need to add further information?

JACUSTOMER-nxsszz3o- :

Is anyone available

JACUSTOMER-nxsszz3o- :

No Reply still, after taking a £38.00 fee and having to sign up to a £38.00 per month contract to even get first answer. I did believe i had a credit on this site. Very unhappy with this service

Expert:  JGM replied 2 years ago.
Thank you for your question.I have just been passed this question. I am a Scots lawyer.Can you explain the position a little more?Can you upload the sheriff's judgment against which you wish to appeal.In Scotland the pursuing party is called the Pursuer and the other party the Defender. There is no Families Act. There is the Family Law (Scotland) Act 1985. Section 16 of that Act deals with Agreements for financial provision. I need this information so that I can see what your case is about and what your appeal is about as your narrative is not at all clear.