M'Vey v. William Dixon Ltd [1910] ScotLR 463 (18 March 1910)

M'Vey v. William Dixon Ltd [1910] ScotLR 463 (18 March 1910)

The Sheriff-Substitute was entitled to exercise procedural discretion and was not bound by statute to grant immediate registration of the memorandum of agreement when a contemporaneous application for arbitration was pending; the proper procedure required the employer to lodge a minute of objection, but the absence of such did not prejudice the workman nor invalidate the Sheriff's decision to await the outcome of the proof.

Citation
[1910] ScotLR 463
Parties
Appellant: Thomas M'Vey; Respondent: William Dixon Limited
Jurisdiction
Scotland
Judgment Date
18 March 1910
Procedural Posture
Appeal by Stated Case From Sheriff Court / Judgment on Legal Question Regarding Registration of Memorandum Under Workmen's Compensation Act 1906
Outcome
Appeal dismissed; question of law answered in the negative.
Legal Topics
Workmen's Compensation, Registration of Agreement, Procedural Discretion, Recording Memorandum, Employer's Objection
Labour Law Compensation Law Civil Procedure Workmen's Compensation Registration of Agreement Procedural Discretion Recording Memorandum Employer's Objection

Case Brief

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Parties

Thomas M'Vey

Appellant

William Dixon Limited

Respondent

Procedural Posture

Appeal by Stated Case From Sheriff Court / Judgment on Legal Question Regarding Registration of Memorandum Under Workmen's Compensation Act 1906

Legal Issues

  1. 1 Whether the Sheriff-Substitute was bound by statute to grant warrant to register the memorandum of agreement without awaiting the result of the proof in the counter application for arbitration

Ratio Decidendi

The Sheriff-Substitute was entitled to exercise procedural discretion and was not bound by statute to grant immediate registration of the memorandum of agreement when a contemporaneous application for arbitration was pending; the proper procedure required the employer to lodge a minute of objection, but the absence of such did not prejudice the workman nor invalidate the Sheriff's decision to await the outcome of the proof.

Court Disposition

Appeal dismissed; question of law answered in the negative.

Orders

  • The Sheriff-Substitute was not bound to grant warrant to register the memorandum forthwith and could await the result of the proof in the counter application.