Inner House rules on pension apportionment on divorce

Following a sheriff court decision in January last year in which Kirsty Malcolm of Westwater Advocates was successful in seeking a restricted interpretation of the regulations that apply to the apportionment of pension values on divorce, the decision has now been upheld by the Inner House of the Court of Session.

John Speir, also of Westwater Advocates, challenged the interpretation that had been accepted by the sheriff.

At that hearing the respondent was once again represented by Ms Malcolm.

An Extra Division of the Inner House has now determined that the sheriff’s decision should stand.

Unusually nowadays however, the bench was split in its view.

Lord Malcolm and Sheriff Principal Abercrombie refused the appeal considering the restricted and purposive interpretation of the regulations to be correct.

Lady Smith issued a lengthy dissenting judgement.

The full judgement can be read on the Scottish Courts website.