Child Maintenance and Enforcement Commission v Wilson [2013] ScotCS CSIH_95 (15 November 2013)
The appellant's unilateral tender of a promissory note did not discharge his liability under the child support order, as the respondent did not agree to accept it; only payment by legal tender or agreed alternative methods is valid.
- Citation
- [2013] ScotCS CSIH_95
- Parties
- Pursuer and Respondent: Child Maintenance and Enforcement Commission; Defender and Appellant: Colin Wilson
- Jurisdiction
- Scotland
- Judgment Date
- 15 November 2013
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- appeal refused
- Legal Topics
- Child Support Maintenance, Payment Methods, Legal Tender, Driving Disqualification
Case Brief
Summary, issues, holding and outcome
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Parties
Child Maintenance and Enforcement Commission
Pursuer and Respondent
Colin Wilson
Defender and Appellant
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether a promissory note tendered by the appellant discharged his liability under a child support liability order
- 2 Whether the appellant's disqualification from driving infringed his rights
Ratio Decidendi
The appellant's unilateral tender of a promissory note did not discharge his liability under the child support order, as the respondent did not agree to accept it; only payment by legal tender or agreed alternative methods is valid.
Court Disposition
appeal refused
Orders
- Disqualification of appellant from holding or obtaining a driving licence for 18 months upheld
- Appellant liable for expenses of the application, as taxed
Full Case Text
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