Lawrie v. Banknock Coal Co., Ltd [1911] ScotLR 98 (12 December 1911)

Lawrie v. Banknock Coal Co., Ltd [1911] ScotLR 98 (12 December 1911)

The right to remit actions for damages by dependants of deceased workmen from Sheriff Court to Court of Session for jury trial, if taken away by the Workmen's Compensation Act 1906, was restored by sections 30 and 52 of the Sheriff Courts (Scotland) Act 1907. The action was not by an employee but by a dependant, and the express terms of the 1907 Act permit remittal.

Citation
[1911] ScotLR 98
Parties
Pursuer/respondent: Lawrie; Defender/appellant: Banknock Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
12 December 1911
Procedural Posture
Appeal / House of Lords, Post Remittal From Court of Session
Outcome
appeal dismissed
Legal Topics
Removal of Actions, Jury Trial, Dependants' Claims, Statutory Interpretation
Employment Law Personal Injury Civil Procedure Removal of Actions Jury Trial Dependants' Claims Statutory Interpretation

Case Brief

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Parties

Lawrie

Pursuer/respondent

Banknock Coal Company, Limited

Defender/appellant

Procedural Posture

Appeal / House of Lords, Post Remittal From Court of Session

Legal Issues

  1. 1 Whether the father of a deceased workman can have an action for damages remitted from Sheriff Court to Court of Session for jury trial under section 30 of the Sheriff Courts (Scotland) Act 1907, in light of sections 13 and 14 of the Workmen's Compensation Act 1906

Ratio Decidendi

The right to remit actions for damages by dependants of deceased workmen from Sheriff Court to Court of Session for jury trial, if taken away by the Workmen's Compensation Act 1906, was restored by sections 30 and 52 of the Sheriff Courts (Scotland) Act 1907. The action was not by an employee but by a dependant, and the express terms of the 1907 Act permit remittal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with expenses.
  • Decision of the First Division affirmed.