JT & M Crowther The Scottish Ministers v Represented by: Mr R Turnbull Solicitor — 2017

The case concerned enforcement notices and penalty notices served under the Agricultural Wages Act (Scotland) 1949 on John Thornton Crowther, Mary Crowther, Mark Crowther and JT & M Crowther & Son Ltd. At the preliminary hearing, the claimant’s representative said no company existed under the name JT & M Crowther & Son Ltd and that the business was a partnership. After investigation, the respondent accepted that the notices addressed to JT & M Crowther & Son Ltd could not be relied upon because that legal entity did not exist.

The respondent also accepted that the notices served on John Thornton Crowther, Mary Crowther and Mark Crowther, which were addressed to the individual at JT & M Crowther and Son Ltd and, in the case of the penalty notices, referred to JT & M Crowther & Son Ltd in the body of the notices, could not be relied upon. The respondent said the sums specified in the notices remained due and that fresh enforcement notices had been served, but it was no longer defending the appeal.

The tribunal recorded that the parties agreed it was appropriate for the notices to be rescinded and that, had the officer known JT & M Crowther & Son Ltd was not a legal entity, the notices would not have been issued in the terms they were. The tribunal therefore rescinded the enforcement notices dated 10 January 2017 and the penalty notices dated 10 February 2017.