Hoolachan Petitioner [1916] ScotLR 174 (21 December 1916)

Hoolachan Petitioner [1916] ScotLR 174 (21 December 1916)

The effective date of issue of the arbitrator's award is the date it was actually handed to the petitioner's agent and dated (13th November 1916), not the date it was written (11th November 1916). Therefore, the minute for a stated case lodged on 20th November was within the statutory seven-day period, and must be accepted as timeously lodged.

Citation
[1916] ScotLR 174
Parties
Petitioner: James Hoolachan; Respondent: Bent Colliery Company, Limited
Jurisdiction
Scotland
Judgment Date
21 December 1916
Procedural Posture
Petition / Decision on Petition to Ordain Arbitrator to Receive Minute for Stated Case
Outcome
petition granted
Legal Topics
Workmen's Compensation, Time Limits for Appeal, Acts of Sederunt, Arbitration Procedure
Labour Law Civil Procedure Workmen's Compensation Time Limits for Appeal Acts of Sederunt Arbitration Procedure

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Parties

James Hoolachan

Petitioner

Bent Colliery Company, Limited

Respondent

Procedural Posture

Petition / Decision on Petition to Ordain Arbitrator to Receive Minute for Stated Case

Legal Issues

  1. 1 What is the effective date of issue of an arbitrator's award for the purpose of calculating the time limit for lodging a minute craving a stated case under the Workmen's Compensation Act 1906 and the Codifying Act of Sederunt 1913?
  2. 2 Whether failure by the Sheriff-Clerk to notify the petitioner of the award affects the time limit for appeal.

Ratio Decidendi

The effective date of issue of the arbitrator's award is the date it was actually handed to the petitioner's agent and dated (13th November 1916), not the date it was written (11th November 1916). Therefore, the minute for a stated case lodged on 20th November was within the statutory seven-day period, and must be accepted as timeously lodged.

Court Disposition

petition granted

Orders

  • Ordain the Sheriff-Substitute at Hamilton as arbitrator to receive the minute on behalf of the petitioner, to accept the same as timeously lodged, and thereafter to proceed as accords.
  • Appoint the process in the arbitration proceedings to be transmitted to the Sheriff-Clerk of the County of Lanark at Hamilton.