Mitchell v. Aberdeen Insurance Committee [1918] ScotLR 376 (20 March 1918)

Mitchell v. Aberdeen Insurance Committee [1918] ScotLR 376 (20 March 1918)

The Insurance Committee's deduction was made in intended execution of statutory powers under the National Health Insurance (Medical Benefit) Regulations 1913, section 40, and was not ultra vires. The deduction could be made from any sum due, not limited to the year of over-prescribing. The action was not brought within six months as required by the Public Authorities Protection Act 1893, section 1, and is therefore time-barred. The statutory appeal to the Insurance Commissioners was the appropriate remedy and was not exhausted by the pursuer.

Citation
[1918] ScotLR 376
Parties
Pursuer: Dr Alexander Mitchell; Defender: Insurance Committee for the Burgh of Aberdeen; Interested Party: Panel Committee for the Burgh of Aberdeen; Interested Party: Scottish Insurance Commissioners
Jurisdiction
Scotland
Judgment Date
20 March 1918
Procedural Posture
Civil Judicial Review / Reduction / Appeal (reclaiming Motion) Decision on Preliminary Pleas
Outcome
Action dismissed (reduction refused)
Legal Topics
National Health Insurance, Statutory Interpretation, Ultra Vires, Limitation of Actions, Public Authorities Protection, Medical Regulation
Administrative Law Health Law Public Law National Health Insurance Statutory Interpretation Ultra Vires Limitation of Actions Public Authorities Protection +1 more

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Parties

Dr Alexander Mitchell

Pursuer

Insurance Committee for the Burgh of Aberdeen

Defender

Panel Committee for the Burgh of Aberdeen

Interested Party

Scottish Insurance Commissioners

Interested Party

Procedural Posture

Civil Judicial Review / Reduction / Appeal (reclaiming Motion) Decision on Preliminary Pleas

Legal Issues

  1. 1 Whether the Insurance Committee acted ultra vires in deducting £244 from the pursuer's remuneration for alleged over-prescribing.
  2. 2 Whether the deduction could be made from sums due for a different year than the year of alleged over-prescribing.
  3. 3 Whether the action was time-barred by the Public Authorities Protection Act 1893, section 1.

Ratio Decidendi

The Insurance Committee's deduction was made in intended execution of statutory powers under the National Health Insurance (Medical Benefit) Regulations 1913, section 40, and was not ultra vires. The deduction could be made from any sum due, not limited to the year of over-prescribing. The action was not brought within six months as required by the Public Authorities Protection Act 1893, section 1, and is therefore time-barred. The statutory appeal to the Insurance Commissioners was the appropriate remedy and was not exhausted by the pursuer.

Court Disposition

Action dismissed (reduction refused)

Orders

  • Lord Ordinary's interlocutor recalled
  • Action dismissed as time-barred under Public Authorities Protection Act 1893, section 1