Cook v. Bonnybridge Silica and Fireclay Co. Ltd [1910] ScotLR 243 (08 November 1910)

Cook v. Bonnybridge Silica and Fireclay Co. Ltd [1910] ScotLR 243 (08 November 1910)

Section 31 of the Sheriff Courts (Scotland) Act 1907 applies only to actions by employees against employers; as this action was by the father of a deceased employee, section 31 did not apply and the order for jury trial in the Sheriff Court was incompetent. The proper course was to proceed with proof as previously allowed.

Citation
[1910] ScotLR 243
Parties
Pursuer/respondent: Alexander Cook; Defender/appellant: Bonnybridge Silica and Fireclay Company Limited
Jurisdiction
Scotland
Judgment Date
08 November 1910
Procedural Posture
Civil Appeal / Appeal From Sheriff Court Interlocutors to Court of Session, Inner House, First Division
Outcome
Appeal allowed in part; interlocutors subsequent to 1st July 1910 recalled; interlocutor of 1st July 1910 affirmed; case remitted to Sheriff to proceed with proof; no expenses due in regard to the appeal.
Legal Topics
Jury Trial, Sheriff Courts (scotland) Act 1907, Employers' Liability Act 1880, Wrongful Death, Master and Servant
Civil Procedure Employment Law Jury Trial Sheriff Courts (scotland) Act 1907 Employers' Liability Act 1880 Wrongful Death Master and Servant

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Alexander Cook

Pursuer/respondent

Bonnybridge Silica and Fireclay Company Limited

Defender/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether an action by the father of a deceased employee against the employer qualifies as an 'action by an employee against his employer' under section 31 of the Sheriff Courts (Scotland) Act 1907 for jury trial in the Sheriff Court.
  2. 2 Whether the pursuer is entitled to a jury trial in the Sheriff Court under section 31 or must proceed under section 30.

Ratio Decidendi

Section 31 of the Sheriff Courts (Scotland) Act 1907 applies only to actions by employees against employers; as this action was by the father of a deceased employee, section 31 did not apply and the order for jury trial in the Sheriff Court was incompetent. The proper course was to proceed with proof as previously allowed.

Court Disposition

Appeal allowed in part; interlocutors subsequent to 1st July 1910 recalled; interlocutor of 1st July 1910 affirmed; case remitted to Sheriff to proceed with proof; no expenses due in regard to the appeal.

Orders

  • Recall interlocutors dated 7th July 1910 and 2nd August 1910.
  • Affirm interlocutor of 1st July 1910 allowing proof.