Scottish Court of Session Decisions

Subject_1Expenses
Subject_2Process
Subject_3Stated Case under the Workmen's Compensation Act 1897. Headnote:

This was a case stated by the Sheriff-Substitute of Ayrshire at Kilmarnock (Hall) under the Workmen's Compensation Act 1897 (60 and 61 Vict. cap. 37), which declares—Schedule II. sec. (14) ( c)—that it shall be competent to either party to an arbritation to require the Sheriff “to state a case on any question of law determined by him, and his decision thereon in such case may be submitted to either Division of the Court of Session.” At the opening of the debate the Court called the attention of parties to the fact that the case, though it stated the facts and the questions of law for the opinion of the Court, did not set forth the determination of the Sheriff upon any question of law as required by the schedule. Parties agreed that the case must go back to the Sheriff for amendment, and the respondent moved that he should be found entitled to expenses, on the ground that the appellant alone was responsible for the form of the case, and that it was not incumbent on the respondent to keep the appellant right. The Court, however ( absente Lord Kinnear), expressed the view that both appellant and respondent were responsible for the preparation and adjustment of the case, and that neither party was therefore entitled to expenses. The case was accordingly remitted to the Sheriff-Substitute to amend the same by setting forth the question of law determined by him, and his decision thereon.