Vaughan v. Nicoll [1906] ScotLR 43_351 (06 February 1906)

Vaughan v. Nicoll [1906] ScotLR 43_351 (06 February 1906)

The Sheriff's finding that the applicant's conduct amounted to serious and wilful misconduct was a finding of fact, not law, and was not insupportable on the facts proved. Therefore, the Court could not interfere or review the decision.

Source-derived case information.

Citation
[1906] ScotLR 43_351
Parties
Appellant: James Vaughan; Respondent: David Nicoll
Jurisdiction
Scotland
Judgment Date
06 February 1906
Procedural Posture
Appeal From Sheriff Court Arbitration Under Workmen's Compensation Acts / Inner House, First Division, Court of Session
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation, Serious and Wilful Misconduct, Appeal Competency, Master and Servant
Employment Law Compensation Law Workmen's Compensation Serious and Wilful Misconduct Appeal Competency Master and Servant

Source-derived case record

Summary, issues, holding and outcome

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Parties

James Vaughan

Appellant

David Nicoll

Respondent

Procedural Posture

Appeal From Sheriff Court Arbitration Under Workmen's Compensation Acts / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether the appellant's conduct amounted to 'serious and wilful misconduct' under section 1(2)(c) of the Workmen's Compensation Act 1897
  2. 2 Whether the Sheriff's finding was a question of fact or law and thus subject to appeal

Ratio Decidendi

The Sheriff's finding that the applicant's conduct amounted to serious and wilful misconduct was a finding of fact, not law, and was not insupportable on the facts proved. Therefore, the Court could not interfere or review the decision.

Court Disposition

Appeal dismissed

Orders

  • Dismiss the appeal
  • No review of the Sheriff's finding as it was a question of fact