Whitton v. Ewing, Edgar, & Aitken [1911] ScotLR 672 (17 March 1911)

Whitton v. Ewing, Edgar, & Aitken [1911] ScotLR 672 (17 March 1911)

An appeal is competent against an interlocutor of a Sheriff-Substitute fixing questions to be put to a jury in a Sheriff Court action, where leave to appeal is granted under section 28(c) of the Sheriff Courts (Scotland) Act 1907. Sections 31-33 do not exclude such an appeal, and section 14 of the Workmen's Compensation Act 1906 does not preclude it in this context. The interlocutor is judicial, not merely ministerial, and the appeal is not excluded by the requirement for a stated case.

Citation
[1911] ScotLR 672
Parties
Pursuer: James Whitton; Defenders: Ewing, Edgar, & Aitken
Jurisdiction
Scotland
Judgment Date
17 March 1911
Procedural Posture
Appeal / Interlocutory Appeal on Competency of Appeal Against Interlocutor Fixing Jury Questions
Outcome
Appeal held competent; cause appointed to be put to the Summar Roll.
Legal Topics
Competency of Appeal, Jury Trial Procedure, Sheriff Courts (scotland) Act 1907, Workmen's Compensation Act 1906, Employers' Liability Act 1880
Civil Procedure Employment Law Competency of Appeal Jury Trial Procedure Sheriff Courts (scotland) Act 1907 Workmen's Compensation Act 1906 Employers' Liability Act 1880

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Parties

James Whitton

Pursuer

Ewing, Edgar, & Aitken

Defenders

Procedural Posture

Appeal / Interlocutory Appeal on Competency of Appeal Against Interlocutor Fixing Jury Questions

Legal Issues

  1. 1 Whether an appeal is competent against an interlocutor of a Sheriff-Substitute fixing questions to be put to a jury in a Sheriff Court action under the Sheriff Courts (Scotland) Act 1907, particularly in light of the Workmen's Compensation Act 1906

Ratio Decidendi

An appeal is competent against an interlocutor of a Sheriff-Substitute fixing questions to be put to a jury in a Sheriff Court action, where leave to appeal is granted under section 28(c) of the Sheriff Courts (Scotland) Act 1907. Sections 31-33 do not exclude such an appeal, and section 14 of the Workmen's Compensation Act 1906 does not preclude it in this context. The interlocutor is judicial, not merely ministerial, and the appeal is not excluded by the requirement for a stated case.

Court Disposition

Appeal held competent; cause appointed to be put to the Summar Roll.

Orders

  • Competency of the appeal sustained.
  • Cause to be put to the Summar Roll for further procedure.