Secretary of State for Work and Pensions Child Support Agency v. McNamara [2005] ScotSC 70 (12 October 2005)

Secretary of State for Work and Pensions Child Support Agency v. McNamara [2005] ScotSC 70 (12 October 2005)

The defender wilfully refused to pay sums due under the liability order despite having means to do so, and did not require a driving licence to earn his living. The statutory requirements for sanction were met beyond reasonable doubt. Disqualification from holding or obtaining a driving licence for six months was a proportionate and appropriate sanction.

Citation
[2005] ScotSC 70
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) / Judgment After Proof (trial) and Final Interlocutor
Outcome
Defender disqualified from holding or obtaining a driving licence for six months unless the aggregate amount due is paid.
Legal Topics
Child Support, Enforcement of Maintenance Orders, Sanctions for Non Payment, Disqualification From Driving, Wilful Refusal or Culpable Neglect
Family Law Enforcement of Judgments Social Security Law Child Support Enforcement of Maintenance Orders Sanctions for Non Payment Disqualification From Driving Wilful Refusal or Culpable Neglect

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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) / Judgment After Proof (trial) and Final Interlocutor

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 sums due
  3. 3 Whether the defender requires a driving licence to earn his living

Ratio Decidendi

The defender wilfully refused to pay sums due under the liability order despite having means to do so, and did not require a driving licence to earn his living. The statutory requirements for sanction were met beyond reasonable doubt. Disqualification from holding or obtaining a driving licence for six months was a proportionate and appropriate sanction.

Court Disposition

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

Orders

  • Disqualification order for six months from 28 September 2005 unless aggregate amount paid
  • Defender to pay aggregate amount of £7,486.91 (liability order and expenses)