Aviva Insurance Ltd v Mann (t/a West Lothian Insurance Services) [2015] ScotCS CSOH_1 (08 January 2015)

Aviva Insurance Ltd v Mann (t/a West Lothian Insurance Services) [2015] ScotCS CSOH_1 (08 January 2015)

No relevant defence was disclosed to the pursuers' claim for £158,559.28, as the defender admitted receipt of the sums and failed to provide material evidence of set-off, unpaid commission, or wrongful allocation. The pursuers are entitled to summary decree for the amount claimed, with interest.

Citation
[2015] ScotCS CSOH_1
Parties
Pursuer: Aviva Insurance Limited; Defender: Thomas Mann, trading as West Lothian Insurance Services
Jurisdiction
Scotland
Judgment Date
08 January 2015
Procedural Posture
Civil (commercial/contract) / Summary Decree Motion in Outer House, Court of Session
Outcome
Summary decree granted in part for the pursuers.
Legal Topics
Agency, Accounting for Premiums, Summary Decree, Set Off and Retention, Commission Entitlement
Contract Law Insurance Law Civil Procedure Agency Accounting for Premiums Summary Decree Set Off and Retention Commission Entitlement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Aviva Insurance Limited

Pursuer

Thomas Mann, trading as West Lothian Insurance Services

Defender

Procedural Posture

Civil (commercial/contract) / Summary Decree Motion in Outer House, Court of Session

Legal Issues

  1. 1 Whether the defender is liable to pay the sum of £158,559.28 to the pursuers as net insurance premiums collected and not remitted.
  2. 2 Whether the defender is entitled to set-off or retain premiums on account of alleged unpaid commissions or unallocated payments.
  3. 3 Whether any relevant defence is disclosed to the pursuers' claim for summary decree.

Ratio Decidendi

No relevant defence was disclosed to the pursuers' claim for £158,559.28, as the defender admitted receipt of the sums and failed to provide material evidence of set-off, unpaid commission, or wrongful allocation. The pursuers are entitled to summary decree for the amount claimed, with interest.

Court Disposition

Summary decree granted in part for the pursuers.

Orders

  • Payment by the defender to the pursuers of £158,559.28, with interest at 8% per annum from 24 May 2012 until payment.
  • Case put out by order for further procedure regarding the remainder of the claim and possible remit to an accountant.