Don Brothers, Buist, & Co., Ltd v. Anderson and Others [1913] ScotLR 361 (05 February 1913)

Don Brothers, Buist, & Co., Ltd v. Anderson and Others [1913] ScotLR 361 (05 February 1913)

The Court has no jurisdiction to interfere with or reduce a determination of the Insurance Commissioners made in good faith under section 66(1)(c) of the National Insurance Act 1911 regarding rates of contributions, as the statute confers exclusive authority on the Commissioners for such questions and provides no right of appeal to the Court.

Citation
[1913] ScotLR 361
Parties
Pursuer: Don Brothers, Buist, & Company, Limited; Defender: Jessie Anderson; Defender: The Scottish Insurance Commissioners
Jurisdiction
Scotland
Judgment Date
05 February 1913
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Dismissal of Action for Reduction
Outcome
action dismissed; judgment of Lord Ordinary adhered to
Legal Topics
National Insurance Act 1911, Judicial Review, Statutory Interpretation, Jurisdiction of Statutory Bodies
Insurance Law Administrative Law Employment Law National Insurance Act 1911 Judicial Review Statutory Interpretation Jurisdiction of Statutory Bodies

Case Brief

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Parties

Don Brothers, Buist, & Company, Limited

Pursuer

Jessie Anderson

Defender

The Scottish Insurance Commissioners

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Dismissal of Action for Reduction

Legal Issues

  1. 1 Whether the Court has jurisdiction to review or reduce a determination by the Insurance Commissioners under section 66(1)(c) of the National Insurance Act 1911 regarding rates of contributions.
  2. 2 Whether the Commissioners acted ultra vires or in bad faith in determining the rates of contributions.

Ratio Decidendi

The Court has no jurisdiction to interfere with or reduce a determination of the Insurance Commissioners made in good faith under section 66(1)(c) of the National Insurance Act 1911 regarding rates of contributions, as the statute confers exclusive authority on the Commissioners for such questions and provides no right of appeal to the Court.

Court Disposition

action dismissed; judgment of Lord Ordinary adhered to

Orders

  • Action for reduction dismissed.
  • Court adhered to Lord Ordinary's judgment.