Mon 14 Apr 2014
The UK government’s decision to abandon its plan for mandatory mediation for separating couples sparks a broader discussion on the role of mediation in family law, particularly in Scotland. Whilst mediation has value, it is not the universal solution it is sometimes portrayed as.
We recently acted for the appellant before a bench of three Appeal Sheriffs in the Sheriff Appeal Court case of McBride v McInnes [2024] SAC (Civ) 42 in a case clarifies the law in relation to occupancy rights for non-entitled cohabitees (i.e. a cohabitee who is neither owner nor tenant of a property) in terms of section 18(1) of the Matrimonial Homes (Scotland) Act 1981.
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