Robert Addie & Sons, Ltd v. Coakley [1909] ScotLR 408 (05 February 1909)

Robert Addie & Sons, Ltd v. Coakley [1909] ScotLR 408 (05 February 1909)

The Sheriff, in granting a special warrant to record a memorandum of agreement whose genuineness was disputed, was acting in a judicial capacity, making appeal competent. The memorandum was genuine as it accurately reflected the agreement, and the workman's recovery before registration was not a valid objection to recording.

Citation
[1909] ScotLR 408
Parties
Appellant: Robert Addie & Sons, Limited; Respondent: Patrick Coakley
Jurisdiction
Scotland
Judgment Date
05 February 1909
Procedural Posture
Appeal / Inner House, Second Division, Court of Session (on Appeal From Sheriff Court at Airdrie)
Outcome
Appeal dismissed; Sheriff-Substitute's decision affirmed.
Legal Topics
Workmen's Compensation, Recording of Agreement, Competency of Appeal, Judicial Vs Ministerial Acts
Labour Law Compensation Law Civil Procedure Workmen's Compensation Recording of Agreement Competency of Appeal Judicial Vs Ministerial Acts

Case Brief

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Parties

Robert Addie & Sons, Limited

Appellant

Patrick Coakley

Respondent

Procedural Posture

Appeal / Inner House, Second Division, Court of Session (on Appeal From Sheriff Court at Airdrie)

Legal Issues

  1. 1 Whether the Sheriff acted in a judicial or ministerial capacity in granting warrant to record a disputed memorandum of agreement under the Workmen's Compensation Act 1906
  2. 2 Whether the fact that the workman had recovered before the memorandum was lodged invalidated the recording of the agreement

Ratio Decidendi

The Sheriff, in granting a special warrant to record a memorandum of agreement whose genuineness was disputed, was acting in a judicial capacity, making appeal competent. The memorandum was genuine as it accurately reflected the agreement, and the workman's recovery before registration was not a valid objection to recording.

Court Disposition

Appeal dismissed; Sheriff-Substitute's decision affirmed.

Orders

  • Warrant to record the memorandum of agreement granted.
  • One guinea of expenses awarded to Coakley.