Walker v. Murrays [1911] ScotLR 575 (08 March 1911)

Walker v. Murrays [1911] ScotLR 575 (08 March 1911)

The applicant's demand for a stated case is prima facie relevant, but to succeed, the applicant must specify findings which, if accepted, would support a prima facie argument that the Sheriff's finding in fact is not supported by the evidence. The applicant is allowed to amend the note to specify such findings.

Citation
[1911] ScotLR 575
Parties
Claimant/appellant: Ellen Storey Walker; Respondents/defenders: Thomas Murray and William Murray
Jurisdiction
Scotland
Judgment Date
08 March 1911
Procedural Posture
Application for Order to State a Case (workmen's Compensation) / Appeal From Refusal to State a Case by Sheriff Substitute
Outcome
Application allowed to the extent of permitting amendment
Legal Topics
Workmen's Compensation, Accident Arising Out of Employment, Procedure for Appeal, Requirement to State Findings
Employment Law Compensation Law Workmen's Compensation Accident Arising Out of Employment Procedure for Appeal Requirement to State Findings

Case Brief

Summary, issues, holding and outcome

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Parties

Ellen Storey Walker

Claimant/appellant

Thomas Murray and William Murray

Respondents/defenders

Procedural Posture

Application for Order to State a Case (workmen's Compensation) / Appeal From Refusal to State a Case by Sheriff Substitute

Legal Issues

  1. 1 Whether the Sheriff-Substitute was entitled to refuse to state and sign a case for appeal under the Workmen's Compensation Act 1906
  2. 2 Whether the findings in fact disclosed an accident arising out of and in the course of employment
  3. 3 Whether the applicant must specify findings sufficient to found a prima facie argument for appeal

Ratio Decidendi

The applicant's demand for a stated case is prima facie relevant, but to succeed, the applicant must specify findings which, if accepted, would support a prima facie argument that the Sheriff's finding in fact is not supported by the evidence. The applicant is allowed to amend the note to specify such findings.

Court Disposition

Application allowed to the extent of permitting amendment

Orders

  • Appellant allowed to lodge a minute of amendment of the note specifying the findings in fact desired to be inserted in the stated case