Quinn v. John brown & Co., Ltd [1906] ScotLR 43_643 (02 June 1906)

Quinn v. John brown & Co., Ltd [1906] ScotLR 43_643 (02 June 1906)

The proper court to assess compensation under the Workmen's Compensation Act 1897, after dismissal of a common law/Employers' Liability Act claim, is the court in which proof was taken (the Sheriff Court), not the appellate court. The case is therefore remitted to the Sheriff to determine the amount due.

Citation
[1906] ScotLR 43_643
Parties
Pursuer (appellant): John Quinn; Defenders (respondents): John Brown & Company, Limited
Jurisdiction
Scotland
Judgment Date
02 June 1906
Procedural Posture
Appeal From Sheriff Court Decision (personal Injury/damages) / Inner House, Second Division, Court of Session—appeal Judgment
Outcome
Appeal sustained in part; interlocutor recalled; action dismissed; case remitted to Sheriff to assess compensation under the Workmen's Compensation Act 1897.
Legal Topics
Workmen's Compensation Act 1897, Employers' Liability Act 1880, Assessment of Compensation, Jurisdiction for Compensation Assessment, Personal Injury at Work
Labour Law Tort Law Compensation Law Workmen's Compensation Act 1897 Employers' Liability Act 1880 Assessment of Compensation Jurisdiction for Compensation Assessment Personal Injury at Work

Case Brief

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Parties

John Quinn

Pursuer (appellant)

John Brown & Company, Limited

Defenders (respondents)

Procedural Posture

Appeal From Sheriff Court Decision (personal Injury/damages) / Inner House, Second Division, Court of Session—appeal Judgment

Legal Issues

  1. 1 Whether the Court of Session or the Sheriff Court is the proper forum to assess compensation under the Workmen's Compensation Act 1897 after dismissal of a common law/Employers' Liability Act claim
  2. 2 Interpretation of section 1(4) of the Workmen's Compensation Act 1897

Ratio Decidendi

The proper court to assess compensation under the Workmen's Compensation Act 1897, after dismissal of a common law/Employers' Liability Act claim, is the court in which proof was taken (the Sheriff Court), not the appellate court. The case is therefore remitted to the Sheriff to determine the amount due.

Court Disposition

Appeal sustained in part; interlocutor recalled; action dismissed; case remitted to Sheriff to assess compensation under the Workmen's Compensation Act 1897.

Orders

  • Sustain the appeal and recall the interlocutor appealed against
  • Dismiss the action