Pollock v. Mair [1901] ScotLR 38_250 (10 January 1901)

Pollock v. Mair [1901] ScotLR 38_250 (10 January 1901)

The claim is essentially for loss of wages due to wrongful dismissal, with damages to be calculated based on wages lost. The evidence is local, and the Sheriff Court is the more appropriate and less expensive tribunal for ascertaining the facts. The appeal for jury trial is refused, and the case is remitted for proof in the Sheriff Court.

Citation
[1901] ScotLR 38_250
Parties
Pursuer/appellant: James Pollock; Defender/respondent: John Mair
Jurisdiction
Scotland
Judgment Date
10 January 1901
Procedural Posture
Appeal for Jury Trial in Action for Damages for Wrongful Dismissal / Appeal From Sheriff Court to Court of Session Inner House First Division
Outcome
appeal refused
Legal Topics
Wrongful Dismissal, Damages, Jury Trial, Remit to Sheriff Court
Employment Law Civil Procedure Wrongful Dismissal Damages Jury Trial Remit to Sheriff Court

Case Brief

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Parties

James Pollock

Pursuer/appellant

John Mair

Defender/respondent

Procedural Posture

Appeal for Jury Trial in Action for Damages for Wrongful Dismissal / Appeal From Sheriff Court to Court of Session Inner House First Division

Legal Issues

  1. 1 Whether the case should be tried by jury or remitted for proof in the Sheriff Court
  2. 2 Whether the damages claimed are suitable for jury trial

Ratio Decidendi

The claim is essentially for loss of wages due to wrongful dismissal, with damages to be calculated based on wages lost. The evidence is local, and the Sheriff Court is the more appropriate and less expensive tribunal for ascertaining the facts. The appeal for jury trial is refused, and the case is remitted for proof in the Sheriff Court.

Court Disposition

appeal refused

Orders

  • case remitted to Sheriff-Substitute to proceed in terms of interlocutor of 20th November