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McGraddie vs. McGraddie

David Flint, partner at Balfour+Manson specialising in Dispute Resolution has been representing Rodger McGraddie in a case brought against him by his father David McGraddie.
At the heart of the case is a dispute over property entitlement and David’s client Roger McGraddie’s interpretation of the basis upon which he received a sum of £285,000 from his father in 2005.  

In 2007, David McGraddie brought an action against his son over the titles of two properties in dispute claiming that they should be transferred to him. In a ruling at first instance, the Lord Ordinary found against our client and ordered that he transfer both properties to his father. In our appeal to the Extra Division of the Court of Session, that Court held that this decision by the judge on one of the properties was “plainly wrong” when regard was had to the evidence available to the judge. 
Following David Flint’s successful appeal, our client’s father appealed to the Supreme Court. Last week (10th July) this appeal was heard by the Supreme Court who indicated they would now consider their decision which would be issued at a later date.  Counsel for our clients were Lord Davidson of Glen Clova, Q.C. and Eric Robertson, Advocate. 
The case raises a number of interesting points on how far an appellate court will interfere with the decision of a lower court in respect of the assessment of evidence

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