ROBERT ALEXANDER PORTER v. JILL DAWN TAYLOR OR PORTER

Alt: Miss Isabella Ennis, advocate, instructed by Adam Cochran, solicitors, Aberdeen

The sheriff principal, having resumed consideration of the cause, appoints parties to be heard on all questions of expenses on Monday 24 May 2010 at 2.15 pm in chambers at Aberdeen Sheriff Court under reference to the ensuing note.

[5] The sheriff found in fact that as at 2 April 2007 Westerton had two employees, namely the pursuer and one John Barrie. The financial director (not apparently an employee of the company) was one Fred Small. Finding in fact 11 reads as follows:

There were some discussions between the pursuer and the then financial director of Westerton, Fred Small, about creating a pension fund for the pursuer through Harewood Ridge Pension Scheme. The sum of �80,000 was paid on the pursuer's instructions to Harewood Ridge on 31 March 2007 but repaid on 12 July 2007 . Between 31 March and 12 July 2007 , this sum was held by Harewood Ridge for the pursuer's benefit.

In light of this finding in fact the sheriff found in fact and law that as at the relevant date "the �80,000 deposited with Harewood Ridge on behalf of the pursuer was matrimonial property".