Cook v. Bonnybridge Silica and Fireclay Co., Ltd [1914] ScotLR 529 (20 March 1914)

Cook v. Bonnybridge Silica and Fireclay Co., Ltd [1914] ScotLR 529 (20 March 1914)

The appeal was incompetent because, under sections 13 and 14 of the Workmen's Compensation Act 1906, actions by a deceased workman's representative against the employer fall within the statutory restriction, allowing appeal to the Court of Session only on a question of law.

Citation
[1914] ScotLR 529
Parties
Pursuer: Alexander Cook; Defenders: Bonnybridge Silica and Fireclay Company, Limited
Jurisdiction
Scotland
Judgment Date
20 March 1914
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session
Outcome
appeal dismissed as incompetent
Legal Topics
Workmen's Compensation, Employers' Liability, Appeal Competency, Statutory Interpretation
Employment Law Civil Procedure Workmen's Compensation Employers' Liability Appeal Competency Statutory Interpretation

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Parties

Alexander Cook

Pursuer

Bonnybridge Silica and Fireclay Company, Limited

Defenders

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Whether an appeal to the Court of Session is competent in an action by a deceased workman's representative against the employer under the Employers' Liability Act 1880 and at common law, in light of sections 13 and 14 of the Workmen's Compensation Act 1906.

Ratio Decidendi

The appeal was incompetent because, under sections 13 and 14 of the Workmen's Compensation Act 1906, actions by a deceased workman's representative against the employer fall within the statutory restriction, allowing appeal to the Court of Session only on a question of law.

Court Disposition

appeal dismissed as incompetent

Orders

  • The appeal to the Court of Session is held incompetent.