Robert Addie & Sons' Collieries Ltd v. Coakley [1910] ScotLR 500 (10 February 1910)

Robert Addie & Sons' Collieries Ltd v. Coakley [1910] ScotLR 500 (10 February 1910)

Appeal to the Court of Session is incompetent where the value of the cause does not exceed £50. Suspension of a charge pending review of a compensation agreement is not a question of competency within the meaning of rule 125, and the only proper way to challenge a recorded memorandum is by application for review, not by suspension.

Citation
[1910] ScotLR 500
Parties
Pursuer: Robert Addie & Sons' Collieries Limited; Defender: Patrick Coakley
Jurisdiction
Scotland
Judgment Date
10 February 1910
Procedural Posture
Appeal / Court of Session Inner House, First Division
Outcome
Appeal dismissed as incompetent.
Legal Topics
Workmen's Compensation, Suspension of Charge, Appeal Competency
Labour Law Civil Procedure Workmen's Compensation Suspension of Charge Appeal Competency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robert Addie & Sons' Collieries Limited

Pursuer

Patrick Coakley

Defender

Procedural Posture

Appeal / Court of Session Inner House, First Division

Legal Issues

  1. 1 Is an employer entitled to obtain suspension of a charge pending review of a compensation agreement under the Workmen's Compensation Act 1906?
  2. 2 Is an appeal to the Court of Session competent where the value of the cause does not exceed £50 under the Sheriff Courts (Scotland) Act 1907?

Ratio Decidendi

Appeal to the Court of Session is incompetent where the value of the cause does not exceed £50. Suspension of a charge pending review of a compensation agreement is not a question of competency within the meaning of rule 125, and the only proper way to challenge a recorded memorandum is by application for review, not by suspension.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • Sustained respondent's objection to competency of appeal.
  • Dismissed appeal and decerned.