Secretary of State for Work and Pensions Child Support Agency v. McNamara [2005] ScotSC 72 (12 October 2005)

Secretary of State for Work and Pensions Child Support Agency v. McNamara [2005] ScotSC 72 (12 October 2005)

The defender had means to pay the liability order and wilfully refused to do so, as evidenced by his own admissions and conduct. The statutory requirements for disqualification are met beyond reasonable doubt. Disqualification for six months is proportionate and appropriate.

Citation
[2005] ScotSC 72
Parties
Pursuer: Secretary of State for Work and Pensions, Child Support Agency; Defender: Thomas McNamara
Jurisdiction
Scotland
Judgment Date
12 October 2005
Procedural Posture
Summary Application (child Support Act 1991) / Final Judgment After Proof and Submissions
Outcome
Defender disqualified from holding or obtaining a driving licence for six months unless the aggregate amount due is paid.
Legal Topics
Child Support, Liability Order Enforcement, Sanctions for Non Payment, Disqualification From Driving
Family Law Enforcement of Judgments Child Support Liability Order Enforcement Sanctions for Non Payment Disqualification From Driving

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Parties

Secretary of State for Work and Pensions, Child Support Agency

Pursuer

Thomas McNamara

Defender

Procedural Posture

Summary Application (child Support Act 1991) / Final Judgment After Proof and Submissions

Legal Issues

  1. 1 Whether the defender has wilfully refused or been culpably negligent in failing to pay sums due under a child support liability order
  2. 2 Whether the defender has means to pay the liability order
  3. 3 Whether disqualification from holding or obtaining a driving licence is an appropriate sanction

Ratio Decidendi

The defender had means to pay the liability order and wilfully refused to do so, as evidenced by his own admissions and conduct. The statutory requirements for disqualification are met beyond reasonable doubt. Disqualification for six months is proportionate and appropriate.

Court Disposition

Defender disqualified from holding or obtaining a driving licence for six months unless the aggregate amount due is paid.

Orders

  • Disqualification from holding or obtaining a driving licence for six months from 28 September 2005 unless £7,486.91 is paid.
  • Defender to pay aggregate amount outstanding under liability order and expenses.