Glancy v Robert Addie & Sons' Collieries
| Jurisdiction | Scotland |
| Judgment Date | 17 November 1938 |
| Docket Number | No. 11. |
| Date | 17 November 1938 |
| Court | Court of Session (Inner House - Second Division) |
2ND DIVISION.
Workmen's CompensationAct 1925 (15 and 16 Geo. V, cap. 84), sec. 49Rules of Court, 1936, Chap. V, Rule 28 (g) (iv)ProcessAppeal by stated caseTransmission of processConsideration of notes of evidenceNotes to be used to challenge arbitrator's finding in fact.
In arbitration proceedings upon the question whether certain relatives of a workman, who had met his death by accident in the course of his employment, were partially dependent on the deceased at the time of his death, the arbitrator dismissed the claim and stated a case for appeal. In the appeal the Court of Session recalled in hoc statu the arbitrator's determination, and remitted back to him to consider the claim of new. Thereafter the arbitrator, having heard parties on the remit, again dismissed the claim and of new stated a case for appeal. After a hearing the Court again remitted to the arbitrator for further information.
When the arbitrator's report in answer to this remit came before the Court, counsel for the pursuers, in terms of the Rules of Court, 1936, Chap. V, Rule 28 (g) (iv), moved the Court to order transmission of the process from the Sheriff Court, on the ground that the arbitrator's findings in fact were not in accordance with the evidence before him.
The Court, in view of the special circumstances of the case,ordered transmission of the process; but observed that a party desiring transmission of the process under Rule 28 (g)(iv) of the Rules of Court, 1936, Chap. V, should, before the case comes up for hearing, proceed by a motion in the form of a note setting forth the grounds upon which the order is sought.
In an arbitration under the Workmen's Compensation Acts in the Sheriff Court at Stirling, Patrick Glancy, senior, coal miner, Bellshill, and also his wife and his children, claimed compensation from Robert Addie & Sons' Collieries, Limited, Herbertshire Collieries, Denny, as being dependants of, and dependent upon, Patrick Glancy, junior, who had died in 1935 as the result of personal injuries sustained in an accident arising out of and in the course of his employment with the defenders.
In March 1937 the Sheriff-substitute (Leslie), as arbitrator, dismissed the claim, and at the request of the claimants stated a case for appeal to the Court of Session. In October 1937 the Second Division recalledin hoc statu the arbitrator's determination, and remitted back to him to consider the case of new...
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