Brown v. Glenboig Union Fireclay Co., Ltd [1910] ScotLR 245 (25 November 1910)

It is competent to remove the cause to the Court of Session for jury trial, as section 14 of the Workmen's Compensation Act 1906 does not preclude such removal in this case.

Citation: [1910] ScotLR 245
Parties: Pursuer/appellant: David Brown; Defender/respondent: Glenboig Union Fire-Clay Company, Limited
Jurisdiction: Scotland
Judgment Date: 25 November 1910
Procedural Posture: Appeal / Removal From Sheriff Court to Court of Session for Jury Trial
Outcome: motion granted
Legal Topics: Removal of Cause, Jury Trial, Workmen's Compensation, Employers' Liability

Employment Law Personal Injury Civil Procedure Removal of Cause Jury Trial Workmen's Compensation Employers' Liability

Case Brief

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Parties

David Brown

Pursuer/appellant

Glenboig Union Fire-Clay Company, Limited

Defender/respondent

Procedural Posture

Appeal / Removal From Sheriff Court to Court of Session for Jury Trial

Legal Issues

1 Whether the action for damages under the Employers' Liability Act 1880 can be removed from the Sheriff Court to the Court of Session for jury trial in light of section 14 of the Workmen's Compensation Act 1906

Ratio Decidendi

It is competent to remove the cause to the Court of Session for jury trial, as section 14 of the Workmen's Compensation Act 1906 does not preclude such removal in this case.

Court Disposition

motion granted

Orders

issues ordered for jury trial in the Court of Session