Cochrane v. David Traill & Sons [1900] ScotLR 38_18 (01 November 1900)

Cochrane v. David Traill & Sons [1900] ScotLR 38_18 (01 November 1900)

The Sheriff, in considering an application to register a memorandum of agreement under the Workmen's Compensation Act 1897, is not acting as an arbitrator and therefore a stated case appeal is incompetent; the only issue before the Sheriff is the genuineness of the memorandum, and he cannot attach conditions such as payment of prior expenses to registration.

Citation
[1900] ScotLR 38_18
Parties
Appellant: David Cochrane; Respondent: David Traill & Sons
Jurisdiction
Scotland
Judgment Date
01 November 1900
Procedural Posture
Appeal / Judgment on Competency of Appeal
Outcome
appeal dismissed as incompetent
Legal Topics
Workmen's Compensation, Registration of Agreement, Jurisdiction of Sheriff, Appeal Competency
Labour Law Civil Procedure Workmen's Compensation Registration of Agreement Jurisdiction of Sheriff Appeal Competency

Case Brief

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Parties

David Cochrane

Appellant

David Traill & Sons

Respondent

Procedural Posture

Appeal / Judgment on Competency of Appeal

Legal Issues

  1. 1 Whether the Sheriff, when considering an application to register a memorandum of agreement under the Workmen's Compensation Act 1897, acts as an arbitrator under the Act
  2. 2 Whether it is competent to appeal the Sheriff's decision by way of a stated case under the Act
  3. 3 Whether the Sheriff can make payment of prior litigation expenses a condition for registration

Ratio Decidendi

The Sheriff, in considering an application to register a memorandum of agreement under the Workmen's Compensation Act 1897, is not acting as an arbitrator and therefore a stated case appeal is incompetent; the only issue before the Sheriff is the genuineness of the memorandum, and he cannot attach conditions such as payment of prior expenses to registration.

Court Disposition

appeal dismissed as incompetent

Orders

  • appeal dismissed as incompetent
  • no expenses awarded to either party