John Brown & Co., Ltd v. Orr [1910] ScotLR 437 (10 February 1910)
The action for reduction was incompetent because statutory remedies under the Workmen's Compensation Act 1906 and Act of Sederunt provide the exclusive means to challenge the recording of a memorandum, thereby excluding common law remedies.
- Citation
- [1910] ScotLR 437
- Parties
- Pursuer: John Brown & Company, Limited; Defender: Christopher Orr
- Jurisdiction
- Scotland
- Judgment Date
- 10 February 1910
- Procedural Posture
- Action for Reduction and Declarator / Appeal From Lord Ordinary's Interlocutor
- Outcome
- action dismissed
- Legal Topics
- Workmen's Compensation, Competency of Action, Statutory Remedies, Reduction of Memorandum
Case Brief
Summary, issues, holding and outcome
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Parties
John Brown & Company, Limited
Pursuer
Christopher Orr
Defender
Procedural Posture
Action for Reduction and Declarator / Appeal From Lord Ordinary's Interlocutor
Legal Issues
- 1 Whether an action for reduction of a recorded memorandum of agreement under the Workmen's Compensation Act 1906 is competent when statutory remedies exist
- 2 Whether the Sheriff acts judicially or ministerially in recording such memorandum
- 3 Whether common law remedies are excluded by statutory remedies
Ratio Decidendi
The action for reduction was incompetent because statutory remedies under the Workmen's Compensation Act 1906 and Act of Sederunt provide the exclusive means to challenge the recording of a memorandum, thereby excluding common law remedies.
Court Disposition
action dismissed
Orders
- Lord Ordinary's interlocutor recalled
- plea of incompetency sustained
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