Burns v. William Baird & Co., Ltd [1912] ScotLR 280 (10 December 1912)

Burns v. William Baird & Co., Ltd [1912] ScotLR 280 (10 December 1912)

The Sheriff-Substitute erred in treating the appellant's objection as incompetent and in granting warrant to record the memorandum without inquiry. The statute requires that objections based on inadequacy of compensation or improper means, even if raised by the workman, must be inquired into by the Sheriff. The procedure is intended to be simple and summary, and the Sheriff's function is not merely ministerial when such objections are raised.

Parties
Appellant: James Burns; Respondent: William Baird & Company, Limited
Jurisdiction
Scotland
Judgment Date
10 December 1912
Procedural Posture
Appeal From Arbitration Decision Under Workmen's Compensation Act 1906 / Inner House, Court of Session (appeal by Stated Case)
Outcome
Appeal allowed; questions of law answered in the negative; case remitted for inquiry into facts alleged by appellant.
Legal Topics
Workmen's Compensation, Recording of Memorandum of Agreement, Adequacy of Compensation, Fraud or Improper Means, Arbitration Procedure
Labour Law Compensation Law Civil Procedure Workmen's Compensation Recording of Memorandum of Agreement Adequacy of Compensation Fraud or Improper Means Arbitration Procedure

Case Brief

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Parties

James Burns

Appellant

William Baird & Company, Limited

Respondent

Procedural Posture

Appeal From Arbitration Decision Under Workmen's Compensation Act 1906 / Inner House, Court of Session (appeal by Stated Case)

Legal Issues

  1. 1 Whether the Sheriff-Substitute was correct in holding that the appellant's objection to recording the memorandum was not competent under the Workmen's Compensation Act 1906
  2. 2 Whether the Sheriff-Substitute was entitled to dismiss the minute without proof of the grounds of opposition

Ratio Decidendi

The Sheriff-Substitute erred in treating the appellant's objection as incompetent and in granting warrant to record the memorandum without inquiry. The statute requires that objections based on inadequacy of compensation or improper means, even if raised by the workman, must be inquired into by the Sheriff. The procedure is intended to be simple and summary, and the Sheriff's function is not merely ministerial when such objections are raised.

Court Disposition

Appeal allowed; questions of law answered in the negative; case remitted for inquiry into facts alleged by appellant.

Orders

  • Remit to Sheriff-Substitute to inquire into the facts alleged in the appellant's minute.