Dobbies v. The Egypt and Levant Steamship Co., Ltd [1912] ScotLR 222 (10 December 1912)

Dobbies v. The Egypt and Levant Steamship Co., Ltd [1912] ScotLR 222 (10 December 1912)

The arbitrator's decision was unclear as to whether he based his finding on fact alone or on an erroneous legal proposition that desertion for three years precludes dependency. The law requires consideration of the practical likelihood of future support, not just past desertion. The case must be remitted for proper consideration on this basis.

Citation
[1912] ScotLR 222
Parties
Appellants: Janet Helen Dobbie and Helen Yates Dobbie; Respondents: The Egypt and Levant Steamship Company, Limited
Jurisdiction
Scotland
Judgment Date
10 December 1912
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, First Division, Court of Session
Outcome
Appeal sustained; determination of the Sheriff-Substitute recalled; case remitted for reconsideration.
Legal Topics
Workmen's Compensation, Dependency, Master and Servant, Probability of Support
Labour Law Compensation Law Workmen's Compensation Dependency Master and Servant Probability of Support

Case Brief

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Parties

Janet Helen Dobbie and Helen Yates Dobbie

Appellants

The Egypt and Levant Steamship Company, Limited

Respondents

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether children deserted by their father for three years were dependent or partially dependent on his earnings at the time of his death under the Workmen's Compensation Act 1906
  2. 2 Whether the arbitrator misdirected himself in law by treating desertion as conclusive against dependency

Ratio Decidendi

The arbitrator's decision was unclear as to whether he based his finding on fact alone or on an erroneous legal proposition that desertion for three years precludes dependency. The law requires consideration of the practical likelihood of future support, not just past desertion. The case must be remitted for proper consideration on this basis.

Court Disposition

Appeal sustained; determination of the Sheriff-Substitute recalled; case remitted for reconsideration.

Orders

  • Refused to answer the questions of law as stated.
  • Sustained the appeal.