MONEYBARN NO 1 Ltd AGAINST STEVEN BELL [2016] ScotSC 68 (18 October 2016)

MONEYBARN NO 1 Ltd AGAINST STEVEN BELL [2016] ScotSC 68 (18 October 2016)

Imprisonment is an exceptional remedy and not justified in this case, as the pursuers already have or can seek alternative remedies such as payment of the contractual sum and recovery of the car; no justification was advanced for the use of imprisonment, and the statutory framework and public policy weigh against such a sanction for conditional sale agreements.

Citation
[2016] ScotSC 68
Parties
Pursuer: MONEYBARN NO. 1 LIMITED; Defender: STEVEN BELL
Jurisdiction
Scotland
Judgment Date
18 October 2016
Procedural Posture
Civil / Application for Imprisonment Following Decree Ad Factum Praestandum
Outcome
application for imprisonment refused
Legal Topics
Conditional Sale Agreement, Civil Imprisonment, Enforcement of Court Orders
Contract Law Civil Procedure Consumer Credit Conditional Sale Agreement Civil Imprisonment Enforcement of Court Orders

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Parties

MONEYBARN NO. 1 LIMITED

Pursuer

STEVEN BELL

Defender

Procedural Posture

Civil / Application for Imprisonment Following Decree Ad Factum Praestandum

Legal Issues

  1. 1 Whether the defender should be imprisoned for failure to deliver a car as ordered by the court under a conditional sale agreement
  2. 2 Whether the circumstances justify the use of civil imprisonment under section 1 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940

Ratio Decidendi

Imprisonment is an exceptional remedy and not justified in this case, as the pursuers already have or can seek alternative remedies such as payment of the contractual sum and recovery of the car; no justification was advanced for the use of imprisonment, and the statutory framework and public policy weigh against such a sanction for conditional sale agreements.

Court Disposition

application for imprisonment refused

Orders

  • Crave 3 (warrant to apprehend and imprison the defender) refused