Finding in Fact and Law

In written outline submissions Mr. Gibb submitted that the Court should make the following findings in fact:

1. The parties are as designed in the instance.
2. William McClung (hereinafter referred to as WM) died on 21 November 2007.
3. At the date of death he owned property at West Cottage. It was gifted to him by the defender, Thomas McClung (his Executor and father).
4. It was in the course of construction at the date of WM's death.
5. The pursuer and WM met in about 1990.
6. From 1990 until 2007, they had a sexual relationship.
7. During the period of the relationship, the pursuer purchased 100 Tippetknowes Road, Winchburgh. WM lent her some money towards the purchase.
8. The title to the pursuer's property at 100 Tippetknowes Road, Winchburgh was taken in her own name and the Title to West Cottage, Leslie, was taken in WM's name.
9. During the course of the relationship, WM lent the pursuer about £8000 and of that only £800 has been repaid.
10. During their relationship, the pursuer and WM never went on holiday together.
11. During their relationship, the pursuer and WM never went out socially.
12. The pursuer's last contact with WM's family was in about 1994. Subsequent to that, she had only one contact with WM's sister in about 2004. The pursuer did not like the way WM was treated by his family.
13. During the period from 1990 until 2007, WM attended social occasions involving the pursuer's family.
14. The relationship between the pursuer and WM was a volatile one and they frequently had tiffs and fell out.
15. WM worked on the oil rigs until about 1994 and thereafter following on an injury did not work further. During the period from 1994 until 2007, he was involved in construction work at West Cottage, Leslie. He enjoyed this work. It did not cause him any stress and he was in no particular hurry to finish the work.
16. During the period 1990 to 2007, WM stayed spasmodically at the pursuer's property at 100 Tippetknowes Road, Winchburgh.
17. During this period, only an odd occasion did the pursuer stay at WM's property at West Cottage. The relationship between the pursuer and WM was particularly unstable and they frequently fell out.
18. During the course of their relationship, the pursuer threatened WM that she would take steps to involve her family with regard to "sorting him out". WM was apprehensive about these comments.
19. As a result of his apprehension, in about September 2007, standing the fact that the pursuer would frequently telephone WM he took steps to have telephone calls tape recorded.
20. Productions 6/5/1 and 6/5/2 are tape recordings of telephone calls between the pursuer and WM. Productions 6/5/3 and 6/5/4 are transcripts of these tape recordings.
21. During the course of these tape recordings, the pursuer made it clear to WM on several occasions that their relationship was finished.
22. During the course of these telephone calls, discussions took place about uplifting of the pursuer's motor vehicle.
23. On or about 18 November 2007, the pursuer had been in contact with WM and he took her to a placement in Edinburgh from her home.
24. WM died suddenly on 21 November 2007 intestate.
25. The pursuer was not advised of WM's death as WM's family had no address for her and no contact number.
26. On 12 December 2007 the pursuer texted to WM's mobile phone. That text is contained in production 6/5/6.
27. The pursuer only became aware of WM's death when the police contacted her in January 2008 and asked her to make arrangements to uplift the motor vehicle.
28. The pursuer had deliberately left the motor vehicle at WM's home and indeed continues to leave the said motor vehicle there as a means of maintaining contact initially with WM prior to his death and additionally as part of an adminicle of evidence in her claim

Mr. Gibb submitted that the Court should make the following finding in fact and law:

Date: 2015-12-11; view: 729