Igoe and another v Campbell

Cohabitants – Financial provision – Time-bar – Unjust enrichment. Court of Session: In an action in which the executors of a deceased cohabitant sued his former partner for £150,000 on the basis of unjustified enrichment said to arise from his having made certain payments to her during their relationship, on the basis that the deceased had a remedy under the Family Law (Scotland) Act 2006 which he failed to pursue, and not being satisfied that there were special and strong circumstances why an equitable remedy should now be open when a statutory remedy was not used timeously, the court concluded that the pursuers had not pled a case which entitled them to the remedy they sought.

Category: