Cammick v. The Glasgow Iron and Steel Co., Ltd [1901] ScotLR 39_138 (26 November 1901)

Cammick v. The Glasgow Iron and Steel Co., Ltd [1901] ScotLR 39_138 (26 November 1901)

The Court held that the Sheriff's function in registering a memorandum of agreement under the Workmen's Compensation Act 1897 is ministerial and administrative, not judicial. If the genuineness of the memorandum is established, the Sheriff is bound to grant registration without inquiry into whether the employer remains liable. Any dispute as to ongoing liability must be addressed by application for review or rectification, not by opposing registration. The appeal was dismissed as either incompetent or, if competent, without merit.

Citation
[1901] ScotLR 39_138
Parties
Pursuer/respondent: William Cammick; Defender/appellant: The Glasgow Iron and Steel Company, Limited
Jurisdiction
Scotland
Judgment Date
26 November 1901
Procedural Posture
Appeal / Appeal From Sheriff to Court of Session Inner House Second Division
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Registration of Memorandum of Agreement, Competency of Appeal, Ministerial Acts Vs Judicial Acts
Labour Law Compensation Law Civil Procedure Workmen's Compensation Registration of Memorandum of Agreement Competency of Appeal Ministerial Acts Vs Judicial Acts

Case Brief

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Parties

William Cammick

Pursuer/respondent

The Glasgow Iron and Steel Company, Limited

Defender/appellant

Procedural Posture

Appeal / Appeal From Sheriff to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether an appeal to the Court of Session is competent from a Sheriff's decision to grant a warrant to register a memorandum of agreement under the Workmen's Compensation Act 1897
  2. 2 Whether the Sheriff is bound to grant warrant for registration if satisfied as to the genuineness of the memorandum, regardless of subsequent events affecting liability

Ratio Decidendi

The Court held that the Sheriff's function in registering a memorandum of agreement under the Workmen's Compensation Act 1897 is ministerial and administrative, not judicial. If the genuineness of the memorandum is established, the Sheriff is bound to grant registration without inquiry into whether the employer remains liable. Any dispute as to ongoing liability must be addressed by application for review or rectification, not by opposing registration. The appeal was dismissed as either incompetent or, if competent, without merit.

Court Disposition

appeal dismissed

Orders

  • affirmed the interlocutors appealed against
  • repelled the defences