Paterson v. The Scottish Insurance Commissioners [1917] ScotLR 293 (16 February 1917)

Paterson v. The Scottish Insurance Commissioners [1917] ScotLR 293 (16 February 1917)

Section 69(2) of the National Insurance Act 1911 authorises the Sheriff-Substitute, upon conviction for failure to pay contributions, to order payment of the unpaid contributions in the criminal proceedings without a separate civil process. The procedure followed was regular and in accordance with the statute. However, the execution of diligence was irregular due to a fatal defect in the charge, rendering the subsequent poinding and sale invalid and entitling the pursuer to limited damages.

Citation
[1917] ScotLR 293
Parties
Pursuer and Reclaimer: Robert Paterson; Defenders and Respondents: The Scottish Insurance Commissioners
Jurisdiction
Scotland
Judgment Date
16 February 1917
Procedural Posture
Civil (reduction and Damages) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
National Insurance Contributions, Employer Liability, Summary Procedure, Reduction of Diligence, Damages for Irregular Diligence
Insurance Law Administrative Law Civil Procedure Employment Law National Insurance Contributions Employer Liability Summary Procedure Reduction of Diligence +1 more

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Parties

Robert Paterson

Pursuer and Reclaimer

The Scottish Insurance Commissioners

Defenders and Respondents

Procedural Posture

Civil (reduction and Damages) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether, under the National Insurance Act 1911, s.69(2), a Sheriff-Substitute could order payment of unpaid contributions in criminal proceedings without a separate civil process.
  2. 2 Whether the diligence (charge, poinding, sale) following the order was regular and lawful.
  3. 3 Whether the pursuer was entitled to damages for irregular diligence.

Ratio Decidendi

Section 69(2) of the National Insurance Act 1911 authorises the Sheriff-Substitute, upon conviction for failure to pay contributions, to order payment of the unpaid contributions in the criminal proceedings without a separate civil process. The procedure followed was regular and in accordance with the statute. However, the execution of diligence was irregular due to a fatal defect in the charge, rendering the subsequent poinding and sale invalid and entitling the pursuer to limited damages.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • Reduction refused as to minute and extract order for payment of contributions.
  • Reduction granted as to execution of charge, poinding, and warrants of sale.