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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Forbes v. Matthew [1918] ScotLR 137 (21 December 1918) URL: http://www.bailii.org/scot/cases/ScotCS/1918/56SLR0137.html Cite as: [1918] SLR 137, [1918] ScotLR 137 |
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Page: 137↓
Sheriff Court at Forfar.
The mother of an illegitimate child craved the Court to increase the amount of inlying expenses and aliment payable by the child's putative father because of the increased cost of living due to the war. The Court left unaltered the amount of inlying expenses, but granted decree for 4s. 6d. per week or £11, 14s. per annum, in name of aliment, permission being granted to the defender to apply to the Court at any time should a change of circumstances arise.
Ida Helen Forbes, pursuer raised an action in the Sheriff Court of Forfarshire at Forfar against George Matthew, defender, whereby she craved the Court to find that the defender was the father of the pursuer's illegitimate female child, and to decern for payment to the pursuer of the sum of £3, 3s. in name of inlying expenses, and also of the yearly sum of £15, 12s. in name of aliment. The sums usually awarded in Forfarshire were hitherto £2, 2s. for inlying expenses, and 3s. per week or £7, 16s. per annum for aliment.
On 10th January 1918 the Sheriff-Substitute (C. T. Gordon) found as craved of consent, and thereafter granted decree for £2, 2s. for inlying expenses and aliment at the rate of £7, 16s. per annum.
The pursuer appealed to the Sheriff ( Lees), who on 16th February 1918 adhered, but increased the amount of aliment to £8 per annum.
The pursuer appealed, and argued—The Court was entitled to consider what sum
Page: 138↓
was necessary for the maintenance of a child— Valentine v. M'Dougall, 1892, 19 R. 519, 29 S.L.R. 384. The rates for inlying expenses and for aliment hitherto imposed had been fixed many years ago and had at that time been adequate, but at present the cost of living had increased 100 per cent. owing to the war, and accordingly the old rates were no longer adequate in amount. The sums to be awarded should therefore be increased to £3, 3s. for inlying expenses and to £15, 12s. per annum for aliment. Counsel also referred to A v. B, (1875) 19 Journal of Jurisprudence 165. Argued for the respondent—The cost of living had admittedly greatly increased owing to the war, but it ought to be open to the respondent in the event of an increased award being granted to apply to the Court to have the award modified should the cost of living substantially decrease after the end of the war.
At advising—
The Court granted decree for £2, 2s. in name of inlying expenses, and for £11, 14s. per annum in name of aliment.
Counsel for the Appellant— R. M. Mitchell. Agent— Francis Chalmers, W.S.
Counsel for the Respondent— Macquisten. Agent— W. K. Lyon, W.S.
