Ward v. Walker [1920] ScotLR 121 (26 November 1920)

Ward v. Walker [1920] ScotLR 121 (26 November 1920)

A pupil without guardians may bring an action in his own name, and the judge should appoint a curator ad litem to validate the proceedings. The Workmen's Compensation Act 1906 does not exclude this practice, and the action should proceed accordingly.

Citation
[1920] ScotLR 121
Parties
Appellant: Peter Ward junior; Respondent: Gideon Walker
Jurisdiction
Scotland
Judgment Date
26 November 1920
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, First Division, Court of Session
Outcome
Appeal allowed; action to proceed with appointment of curator ad litem.
Legal Topics
Workmen's Compensation, Title to Sue, Minor and Pupil, Appointment of Curator Ad Litem
Civil Procedure Employment Law Workmen's Compensation Title to Sue Minor and Pupil Appointment of Curator Ad Litem

Case Brief

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Parties

Peter Ward junior

Appellant

Gideon Walker

Respondent

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether a pupil without guardians can bring an action in his own name and have a curator ad litem appointed
  2. 2 Whether the Workmen's Compensation Act 1906 creates any specialty excluding this practice

Ratio Decidendi

A pupil without guardians may bring an action in his own name, and the judge should appoint a curator ad litem to validate the proceedings. The Workmen's Compensation Act 1906 does not exclude this practice, and the action should proceed accordingly.

Court Disposition

Appeal allowed; action to proceed with appointment of curator ad litem.

Orders

  • Sheriff-Substitute as arbitrator to appoint a tutor ad litem to the appellant.
  • Action not dismissed; allowed to proceed.