Lawrie v. The Banknock Coal Co., Ltd [1911] ScotLR 629 (17 March 1911)

Lawrie v. The Banknock Coal Co., Ltd [1911] ScotLR 629 (17 March 1911)

The right of a father to have an action for damages in respect of his son's death remitted from the Sheriff Court to the Court of Session for jury trial is not excluded by section 14 of the Workmen's Compensation Act 1906, as the Sheriff Courts (Scotland) Act 1907, section 30, applies to such actions and any inconsistent statutory provisions are repealed by section 52 of the 1907 Act. Therefore, the appeal is competent and issues are allowed.

Citation
[1911] ScotLR 629
Parties
Pursuer/appellant: Henry Lawrie; Defender/respondent: The Banknock Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
17 March 1911
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
Objection to competency overruled; issues ordered.
Legal Topics
Competency of Appeal, Removal to Court of Session, Workmen's Compensation, Employers' Liability, Statutory Interpretation
Civil Procedure Employment Law Tort Law Competency of Appeal Removal to Court of Session Workmen's Compensation Employers' Liability Statutory Interpretation

Case Brief

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Parties

Henry Lawrie

Pursuer/appellant

The Banknock Coal Company, Limited

Defender/respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether an action by a father for damages in respect of his son's death, raised in the Sheriff Court and concluding for damages at common law or under the Employers' Liability Act 1880, can be competently remitted to the Court of Session for jury trial under section 30 of the Sheriff Courts (Scotland) Act 1907, in light of sections 13 and 14 of the Workmen's Compensation Act 1906.

Ratio Decidendi

The right of a father to have an action for damages in respect of his son's death remitted from the Sheriff Court to the Court of Session for jury trial is not excluded by section 14 of the Workmen's Compensation Act 1906, as the Sheriff Courts (Scotland) Act 1907, section 30, applies to such actions and any inconsistent statutory provisions are repealed by section 52 of the 1907 Act. Therefore, the appeal is competent and issues are allowed.

Court Disposition

Objection to competency overruled; issues ordered.

Orders

  • Objection to competency repelled.
  • Case remitted for jury trial in the Court of Session.