Citations: [1904] 2 Ch 196 Cited by: Cited – Hunt and Another v McLaren and others ChD 4-Oct-2006 Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive … Continue reading Re Lead Co.’s Workmen’s Fund Society: 1904
Citations: [1910] SLR 478 Links: Bailii Jurisdiction: Scotland Scotland Updated: 21 April 2022; Ref: scu.615611
Defendant’s application for security for costs. . .
The claimant sought interest on an overpayment of Advance Corporation Tax. The tax itself had been paid late, and the Collector claimed a set off. Held: The claim to DTR could not be described as an attempt at self-help. It had a statutory claim to DTR which was eventually conceded in its entirety. The appeal … Continue reading Burton (Collector of Taxes) v Mellham Ltd: HL 15 Feb 2006
Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably reduced its value. The trustees sought clarification of their duties. … Continue reading Hunt and Another v McLaren and others: ChD 4 Oct 2006
The defendant’s company in South Africa had become insolvent and the claimant had recovered judgment for arrears of rent. They obtained a freezing order against the defendant. The defendant appealed saying the court did not have jurisdiction, and should have taken account of cross claims. The defendant argued that the order was sought on a … Continue reading John Louis Carter Fourie v Allan Le Roux and others: CA 7 Mar 2005
The appellant challenged an order for costs after dismissal of her application for judicial review of the respondent’s planning decision. The claimant had been granted legal aid at about the time of the bringing in of the new legal aid scheme. The two regimes differed as to the limits applied to sums recoverable from the … Continue reading Sonia Burkett, Regina (on the Application of) v London Borough of Hammersmith and Fulham: CA 15 Oct 2004
On 10th March 1916 a workman who had been employed by the respondents for the preceding three years was killed by an accident in one of the respondents’ collieries. The respondents disputed the method of computing the compensation due to his dependants. From 1st to 13th July 1915 the deceased workman worked ‘day by day.’ … Continue reading Price v Guest, Keen, and Nettlefolds, Ltd: HL 17 Jun 1918
The appellant’s employers made a pathway over lands belonging to them by which their workmen obtained access to their work by a route shorter than the public road. The workmen were permitted, but not bound or entitled, to use this short-cut. The pathway at a point three-quarters of a-mile from the place of work contained … Continue reading Walters v Staveley Coal and Iron Co: HL 30 May 1911
The Workmen’s Compensation Act 1906, sec. 16(1), enacts-‘This Act shall come into operation on the first day of July 1907, but, except so far as it relates to references to medical referees and proceedings consequential thereon, shall not apply in any case where the accident happened before the commencement of this Act.’ Schedule II (17) … Continue reading Rosie v Mackay: HL 13 Nov 1911
A sailor who had gone on shore, with leave, upon his return reached the quay alongside of which his ship was lying. The gangway which was the access to his ship was properly lighted. There was no evidence whether he reached the gangway, but he fell into the water between the quay and the ship, … Continue reading Kitchenham v Owners of SS ‘Johannesburg’: HL 2 Jun 1911
A master mariner, while his ship was lying in Bangor Roads, went ashore to a pier, as he was entitled to do. It was not proved whether he went upon the ship’s business or for his own purposes. On returning to the quay he hailed his ship for a boat to convey him on board. … Continue reading Hewitt v Owners of SS ‘Duchess’: HL 15 Jun 1911
The question was whether the master is entitled under the Workmen’s Compensation Act 1906 (Sched. 1, sec. 17), to redeem by payment of a sum down a weekly payment which has been made for six months but which does not represent the full compensation due to the servant under the Act. Held that the payment … Continue reading Clawley v Carlton Main Colliery Co Ltd: HL 15 Jul 1918
The word ‘earnings’ in the Workmen’s Compensation Act 1897 is used in a popular sense, and means the sum which a workman gets for his work when he comes to it properly equipped according to the general understanding and practice of his particular trade. By agreement with a collier, his employer deducted from his weekly … Continue reading Abram Coal Co v Southern: HL 29 Jun 1903
A workman was killed by an accident arising out of and in the course of his employment. At the date of his death he was engaged to be married; the banns had been published at his expense and the wedding day fixed; the woman was pregnant with a child which the workman had acknowledged to … Continue reading Orrell Colliery Co Ltd v Schofield: HL 14 May 1909
A workman was totally incapacitated by accident. During all the preceding year he had been employed by respondent company in the same grade of work. During this time there were 16 weeks when work was impossible through public holidays or stoppage of work. Out of the 36 working weeks the workman had been off work … Continue reading Anslow v Cannock Chase Colliery Co Ltd: HL 17 May 1909
Circumstances in which held (diss. Lords Dunedin and Atkinson, and rev. judgment of the Second Division) that an award of compensation by an arbiter in a workmen’s compensation case, where the workman, a ship’s steward, was last seen alive in his bunk, and was found drowned next day near where his ship had been lying, … Continue reading Ayr Steam Shipping Co Ltd v Lendrum: HL 17 Jul 1914
The defendant had an exclusive distributorship agency for the plaintiff in England. Under that agreement, the plaintiff sold its prunes and raisins to the defendant under separate contracts of sale. The plaintiff claimed the price of goods sold under the latest of such sale contracts. Three weeks later the plaintiffs commenced separate proceedings in which … Continue reading Dole Dried Fruit and Nut Co v Trustin Kerwood Ltd: CA 1990
The plaintiff was his son’s agent. The son purchased a veterinary surgeon’s practice from the defendant, agreeing to pay the rent and indemnify the defendant against liability under a lease of premises from which the practice was carried on. The son then decided to leave the country, and gave the plaintiff authority to sell the … Continue reading Bankes v Jarvis: 1903
The tenant was sued by his landlord for arrears of rent, but sought an equitable set-off for damages for disrepair accruing under the previous landlord. Held: If the entitlement to recover arrears of rent passes from assignor to assignee, and if the amount of that entitlement is reduced or extinguished at common law by money … Continue reading Smith v Muscat: CA 10 Jul 2003
EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation. Held: The employer’s appeal was dismissed. ‘There must be many cases in which the disabled person has been placed at a substantial disadvantage in the workplace, but in … Continue reading Mid-Staffordshire General Hospitals NHS Trust v Cambridge: EAT 4 Mar 2003
The appellants challenged a finding that they were liable for their builders’ bill. Held: Work which had been rejected had not in fact been charged for. The defendant’s appeal on that point failed. The measure of damages for distress and inconvenience could not be said to be wrong. Ezekiel’s case was far more serious. The … Continue reading Boynton and Another v Willers: CA 3 Jul 2003
Buxton LJ: ‘The issue therefore is one of simple statutory construction. Can the expression ‘payment’ when used in section 87 of the 1970 Act, or ‘pays’ when used both in section 246N(2) of the 1988 Act and section 239 of the 1988 Act, encompass a set-off of the sort that the appellant asserts? In order … Continue reading Mellham Ltd v Collector of Taxes: CA 17 Jan 2003
The taxpayer appealed against a rating assessment on a barge permanently moored at a riverbank. He claimed that as a chattel, it should not be rated. Held: The vessel was a chattel, but its occupation could be an occupation of the riverbed. The licences were stated to be non-exclusive, but the law of rating looks … Continue reading Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003
Citations: [1908] ScotCS CSIH – 6, [1908] SLR 73, 1909 SC 132, 16 SLT 450 Links: Bailii, Bailii Statutes:
A firm of contractors who were engaged in substituting electric for horse tramway lines in the streets of a town stored the new rails when unloaded from the railway trucks in the railway company’s yard by arrangement with the railway company. An employee of the contractors was injured while stacking the rails. The yard abutted … Continue reading Back v Dick, Kerr, and Co: HL 15 May 1906
The appellants operated a chemical plant. When the plant was shut down for its annual maintenance, an independent firm repaired a tank lining. An employee of that firm was working by electric light. He had to clean the tank with acetone and resin. The acetone was in a bucket retreived from a refuse bin. While … Continue reading Regina v Associated Octel Ltd: HL 14 Nov 1996
Smithies, a master plasterer carrying on business in Birmingham, brought an action against the National Association of Operative Plasterers and the trustees thereof for damages for conspiracy, the conspiracy alleged being that they unlawfully and maliciously and with intent to injure him conspired together and with others to induce, persuade, influence, and coerce certain workmen, … Continue reading National Association of Operative Plasterers and Others v Smithies: HL 29 Jun 1906
An insurance policy covered the liability of an employer to compensate his workmen for injuries in the course of their employment. The court was asked whether it incorporated a condition requiring the employer to give immediate notice to the insurer of any accident causing injury to a workman and to forward to the insurer every … Continue reading In re Coleman’s Depositories Ltd: CA 1970
On the morning of the 20th August 1901 Johnson was working as a joiner in the gallery of the erecting shop in the respondents’ works. The gallery ran round all four sides of the erecting shop, and a large number of men were employed there. Access to the gallery from the floor below was gained … Continue reading Johnson v Marshall Sons and Co: HL 17 May 1906
The dependant of a deceased workman claimed compensation from his employers. The circumstances of the workman’s death are narrated in the judgment of Lord Mersey as follows-‘William Francis Barnes, a boy of seventeen, was employed at the Nunnery Colliery as a ‘clamper.’ In the early morning of the 2nd May last he and three other … Continue reading Barnes v Nunnery Colliery Co Ltd: HL 11 Dec 1911
It is not a matter of law but is a question of fact for the decision of the arbiter whether the demand of a workman, who is to be medically examined on the employer’s behalf, under section 4 of the First Schedule of the Workmen’s Compensation Act 1906, that his own doctor shall also be … Continue reading Morgan v William Dixon Ltd: HL 13 Nov 1911
Lord Wrenbury said: ‘I have long since abandoned the hope of deciding any case upon the words ‘out of and in the course of’ upon grounds satisfactory to myself or convincing to others’. Judges: Lord Wrenbury Citations: [1920] AC 757 Statutes:
The owner of land had contracted with the plaintiff for him to build a tunnel under a road, along which there was a defective water pipe. The pipe leaked, and when the contractor started to dig, the water that had accumulated under the road flowed out, obstructing the works. This either reduced the contractor’s profit … Continue reading Cattle v The Stockton Waterworks: 1875
The court considered an allegation of discrimination made as to the appointment of a wages clerk by a district council. Held: Lord Lowry said: ‘It must not be forgotten that when the Act uses the word ‘discrimination or ‘discriminate’ it is referring to an employer who makes a choice between one candidate and another on … Continue reading Armagh District Council v Fair Employment Agency: CANI 1983
Where an employee was injured at work, but by an outside person, section 6 of the 1897 Act provides that the worker could ‘at his option, proceed, either at law against that person to recover damages, or against his employer for compensation under this Act, but not against both’. If compensation under the Act was … Continue reading Oliver v Nautilus Steam Shipping Co Ltd: 1903
The plaintiffs, London barge repairers claimed after an explosion on the Anglo-American Oil Company’s oil tank barge Warwick, when she was being repaired by the plaintiffs, to whom she had been sent for that purpose by the defendants. As a result of the explosion several lives were lost and considerable damage done. In the second … Continue reading Hodge and Sons v Anglo-American Oil Co: 1922
The defendants had installed a gas apparatus to provide natural gas on the premises of a railway company. They had installed a regulator to control the pressure and their men negligently made an escape-valve discharge into the building instead of into the open air. The railway workmen, the plaintiffs, were injured by an explosion in … Continue reading Dominion Natural Gas Co Ltd v Collins: 1909
A widow claimed compensation for her husband’s death overseas. Held: The Act did not provide for compensation to be payable. ‘What is the widow’s claim here ? She is claiming, not as a party to the contract, not as claiming any rights under a contract made by her or by any person through whom she … Continue reading Tomalin v S Pearson and Son Ltd: CA 1909
The company appealed against liability orders made against it. It owned premises which were subdivided and let to other businesses which it contended were the ones in actual occupation, since it did not benefit from physical, non-transient occupation. Held: The appeal failed. The magistrates had properly allowed for the restricted nature of the licences granted … Continue reading JDE Plant Hire Limited v Barking and Dagenham London Borough Council: QBD 2000
A policy provided an indemnity against employer’s liability under the 1906 Act, but required employers to keep a wages book and to notify the insurers of details of all remuneration paid during the period of insurance within one month from the end of the period, with provision for retrospective adjustment of the premium if the … Continue reading Re Bradley and Essex and Suffolk Accident Indemnity Society: CA 1912
The plaintiff, a Salvation Army Officer claimed under the Workmen’s Compensation Act. Held: The claim failed. Sir Wilfred Green MR said that membership of the Salvation Army gave rise to a relationship ‘pre-eminently of a spiritual character’ which was not intended to give rise to legal relations, and ‘The circumstances that a monetary sum is … Continue reading Rogers v Booth: CA 1937
A writ of waste was brought alleging that waste had been committed in respect of a building etc. and also in respect of wood, namely certain trees. And in the count in respect of the trees he counted that the defendant cut down the trees and sold them. With respect to the building he pleaded … Continue reading 5 E. 4. 100: 1465
In looking at restrictions by an employer to limit his vicarious liability, the court must distinguish between prohibitions which limit the sphere of employment and those which only deal with conduct within the sphere of employment:’ ‘there are prohibitions which limit the sphere of employment, and prohibitions which only deal with conduct within the sphere … Continue reading Plumb v Cobden Flour Mills Co Ltd: HL 1914
The deceased had worked in the defender’s steel foundry, inhaling there siliceous dust particles. He contracted pneumoconiosis and died. The complaints related to the defender’s failure to provide adequate ventilation to extract the dust. The deceased had inhaled large quantities of noxious particles about which he could have no cause of complaint. The question was … Continue reading Nicholson v Atlas Steel Foundry and Engineering Co Ltd: HL 1957
Four workmen who had suffered pre-liquidation accidents but had made post-liquidation claims had, at the date of the winding up, ‘contingent claims’. Citations: [1947] Ch 763 Cited by: Cited – McCartney and Unite The Union and Another v Nortel Networks UK Ltd (In Administration) ChD 22-Apr-2010 The administrators gave employees of the company notice of … Continue reading Re Armstrong Whitworth: 1947
The plaintiff had been employed by the first defendant as a pipe fitter at two steel works occupied and operated by predecessors of the second defendant. He had worked two years at each of the sites erecting pipes, breaking into old pipes and knocking off old lagging between an inch and three inches in thickness; … Continue reading Banks v Woodhall Duckham and Others: CA 30 Nov 1955
The colliery owned 346 cottages which it kept for occupation by the colliers according to the discretion of the owners, who generall gave preference to married workers. A collier who was married but for whom a cottage could not be found was provided with an additional allowance for rent for alternative accomodation. It was not … Continue reading Smith v Seghill Overseers: 1875
The court considered the commercial purpose of employers’ liability insurance. Held: Although the Court was held by precedent to conclude that the date in the certificate was the date of the accident and thus of the disablement, nevertheless it achieved compensation for the employees, by concluding that they were employed, and the employer insured, at … Continue reading Ellerbeck Collieries tLd v Cornhill Insurance Co: CA 1932
An employer was insured against liability for accidents to his workmen under a policy containing a condition that if proceedings were taken to enforce any claim the insurance company should, if they so desired, ‘have the absolute conduct and control of the defences, in the name and on behalf of the employer, ‘ and that … Continue reading Kerr v Employers Liability Assurance Co, Ltd: SCS 20 Oct 1899
An injured workman who had obtained an award of damages and expenses against his employer sought, after the employer became insolvent, to obtain an award of expenses against the insurer. It was accepted that, under the policy, the insurers had complete control of the conduct of the defence, that they had exercised such control, and … Continue reading Kerr v Employers’ Liability Assurance Co Ltd: SCS 1902
The appellant company were held not liable for injuries caused by a defective brake on a coal wagon conveyed by the railway company to a point in the transit where their contract ended, and where the wagons were taken over for haulage for the last part of the journey by a second railway company, on … Continue reading Caledonian Ry Co v Mulholland or Warwick: HL 1898
The plaintiff was a crane driver whose load of timber, drums of paint, and bags of bolts etc, and without any fault on his part, fell into the hold of a ship as they were being lowered along with scaffolding. No one was actually injured but the plaintiff knew that fellow workers were then in … Continue reading Dooley v Cammell Laird and Co Ltd: 1951
The defendants did not warn a contractor’s workmen of the risk of fire from an oxygen-enriched atmosphere. As a result, one of them accidentally started a fire in which eight employees died. Held: The employers were convicted under section 2(1). The duty under that section includes an obligation to take such steps as are reasonably … Continue reading Regina v Swan Hunter Shipbuilders Ltd: CA 1982
Denning LJ said: ‘Much maintenance is considered justifiable today which would in 1914 have been considered obnoxious. Most of the actions in our courts are supported by some association or other, or by the State itself. Comparatively a few litigants bring suits, or defend them at their own expense. Most claims by workmen against their … Continue reading Hill v Archbold: CA 1968
By an agreement duly recorded under the Workmen’s Compensation Act 1897, between an injured workman (appellant), and his employer (respondent), the latter agreed to pay the former a certain sum weekly as compensation during incapacity, or until the weekly payment should be ended, diminished, increased, or redeemed under the Act. Subsequently, in an arbitration at … Continue reading Nicolson v Piper: HL 18 Jun 1907
A railway company issued and posted the following notice:-‘Enginemen and firemen must not leave the footplate of their engine when the latter is in motion.’ The engine driver of a passenger train running at a fast speed left the footplate of his engine and climbed on to the tender for the purpose of getting coal … Continue reading Bist v London and Southwestern Railway Co: HL 25 Apr 1907
The appellant’s deceased husband was an engine-driver in the respondents’ service. In March 1907, while his engine was at Landore, Swansea, he descended in order to turn a water-crane to his engine. He afterwards crossed another line of rails in order to get a book from a friend on another engine. This was a private … Continue reading Reed v Great Western Railway Co: HL 29 Oct 1908
A workman in poor physical condition was engaged in a steamer’s stokehold raking ashes from the furnace; he received a heat-stroke from the radiation of the boiler and died in a few hours. Held ( diss. Lord Macnaghten) that the death was caused by accident within the meaning of the Workmen’s Compensation Act 1906. Judges: … Continue reading Ismay, Imrie, and Co v Williamson: HL 31 Jul 1908
Under the Coal Mines Regulation Act 1887 an additional special rule was in force in a mine which provided-‘The bottomer at a mid-working. . . shall not open the gate fencing the shaft until the cage is stopped at such mid-working . . ‘ A bottomer at a mid-working, in need of the cage, signalled … Continue reading George v Glasgow Coal Co, Ltd: HL 9 Nov 1908
An action was raised by the plaintiff (appellant) against the respondents for demurrage under a charter-party entered into by them. The defendants pleaded the clause of exemption in rubric. Delay in loading had been caused by the crowded state of the harbour and a block of other vessels in the loading dock. The charter-party contained … Continue reading Larsen v Sylvester and Co: HL 21 May 1908
A foreman engineer was sent by his employers on board of a ship lying in a wet dock to take notes of repairs that they were to execute. While on board he accidentally fell and was injured. Held that the employers were not in actual occupation of the dock and were not ‘undertakers,’ and that … Continue reading Morgan v Tydvil Engineering and Ship Repairing Co: HL 6 Mar 1908
Held that the fact that a federation of miners in inducing its members to break their contracts of service with their employers acted without malice and in the bona fide belief that the breach of contract would benefit both the miners and their employers, formed no defence to an action brought by the latter against … Continue reading South Wales Miners’ Federation and Others v Glamorgan Goal Co and Others: HL 14 Apr 1905
A seaman was accidentally injured while engaged in his ordinary work as a sailor on board his ship. At the time she had completed coaling and was lying in the middle of the dock basin moored to buoys and waiting to proceed to sea on the following day. Held (diss Lord James of Hereford) that … Continue reading Houlder Line Ltd v Griffin: HL 14 Apr 1905
In consequence of a wreck in one of the shafts of a mine the miners were ordered to the surface. Those accustomed to ascend by the damaged shaft were directed to ascend by another shaft. They were detained an hour and a-half waiting until this shaft was free, the miners accustomed to use it being … Continue reading John Watson Ltd v Brown: HL 28 Apr 1914
Where employers apply for a review of the compensation payable by them weekly to a workman under an arbiter’s award, on the ground that the workman’s incapacity ceased at a date antecedent to the date of the application, at which date they have in fact ceased payment, the review may be, not only from the … Continue reading Gibson and Co v Wishart: HL 14 May 1914
The Union Canal Act 1817, authorising the formation of a canal from Lothian Road near Edinburgh, to join the Forth and Clyde Navigation Canal near Falkirk, inter alia, enacts-Section 112-‘Provided always and be it further enacted that nothing herein contained shall extend to prejudice or affect the right of any owner or owners of any … Continue reading Marquis of Linlithgow and Others v North British Railway Co: HL 22 Apr 1914
Frank Whittall was a miner and was killed by an accident arising out of and in the course of his employment by the respondents. Thomas Lloyd was the illegitimate son of Alice Lloyd by Frank Whittall, born seven months after the latter’s death. At the arbitration Alice Lloyd gave evidence, objected to by the respondents … Continue reading Lloyd v Powell Duffryn Steam Coal Co, Ltd: HL 6 Apr 1914
A schoolmaster at an industrial school, while performing his duties, was assaulted and killed by two of his pupils (who had formed a conspiracy for that purpose, and were afterwards tried and found guilty of manslaughter). A dependant having claimed compensation, the County Court Judge found that the deceased met his death by accident arising … Continue reading Board of Management of Trim Joint District School v Kelly: HL 6 Apr 1914
The purposes of this Order were the construction of new water-works and the abstraction of an additional supply of water from the river Dee for the City of Aberdeen. All opposition, including that of the counties of Aberdeen and Kincardine and the burgh of Banchory, had been withdrawn, save that on behalf of the District … Continue reading Aberdeen Corporation Water Order: HL 21 Oct 1915
A coalheaver was struck in the abdomen by a fall of coal while coaling a ship. He died from peritonitis, and the medical evidence showed him to have been suffering from chronic appendicitis. The question arose whether his death was the result of the blow or of the disease. The arbitrator found his widow entitled … Continue reading Woods v Thomas Wilson Sons and Co Ltd: HL 1 Mar 1915
Compensation had been paid by weekly payments for injuries received by a workman, and had been discontinued on the workman’s recovery and return to work. About two years later the workman, having meantime been in hospital with an illness which was not the result of the accident, claimed compensation on the ground of partial incapacity … Continue reading Smith v Davis and Sons Ltd: HL 29 Mar 1915
Consideration of the onus of proof that the employer has not been prejudiced in his defence by the omission to give the notice required by the Workmen’s Compensation Act 1906 of a claim under the Act. Reversal of the decision of the Court of Appeal, who had, on this ground, set aside the arbiter’s award. … Continue reading Hayward v Westleigh Colliery Co Ltd: HL 8 Feb 1915
Colliery-owners provided a free service of trains which the workmen used if they so desired in going to and from work. An accident occurred to a train owing to the negligence of a servant engaged in repairs on the railway, and another servant was killed while travelling in the train. Held that the deceased workman … Continue reading Coldrick v Partridge, Jones, and Co, Ltd: HL 13 Dec 1909
A workman was injured while at work owing to the negligence of two fellow-servants. The employers became liable to pay him compensation, and claimed to be indemnified by the fellow-servants, as liable to pay damages under ‘a legal liability in some person other than the employer’ to pay damage in respect of the injury. Held … Continue reading Lees v Dunkerley Brothers: HL 3 Nov 1910
A seaman while on a foreign voyage was totally incapacitated by accidental injury. Under the Merchant Shipping Acts his employers became liable to pay wages up to the date of discharge, hospital and surgical expenses, and his maintenance until his arrival back in England. The County Court Judge held that compensation under the Workmen’s Compensation … Continue reading M’Dermott v Owners of The ‘Tintoretto’: HL 13 Dec 1910
The appellant was a workman who sustained injury by accident in the course of his employment with the respondents. He gave formal unwritten notice of a claim to compensation, but without mentioning any fixed amount in his claim. The Court of Appeal ( Cozens-Hardy, M. R., Fletcher Moulton and Farwell, L.JJ.) set aside the order … Continue reading Thompson v Goold and Co: HL 9 Jun 1910
A workman was killed by an accident, and his widow sought to recover compensation from his employers in respect of his death. The widow of a workman who was accidentally killed had for twenty years before his death neither received any support whatever from him nor communicated with him in any way. The County Court … Continue reading New Monckton Collieries Ltd v Keeling: HL 18 Jul 1911
The s.s. ‘Highland Loch,’ of 4675 tons register, was built and about to be launched at a shipbuilding yard upon the river Mersey. The ketch ‘Frances,’ of 71 tons, was anchored in the river opposite and near the line of the intended launch. She had dragged anchor and got foul of some moorings in the … Continue reading Owners of ‘Frances’ v Owners of ‘Highland Loch’: HL 29 Jan 1912
The appellant in this case was in the employment of the respondents, and as the result of an accident received injuries which entitled him to compensation, the amount of which was settled in an agreement in accordance with the Workmen’s Compensation Act 1906 (6 Edw. VII, cap. 58). On an application by the respondents to … Continue reading Taylor v London and North-Western Railway Co: HL 19 Feb 1912
A stoker was injured by accident while in the appellants’ employment. At the same time he was a member of the Royal Naval Reserve and in receipt of an annual retainer of pounds 6. In consequence of the accident he was discharged from that service and lost the retainer. In assessing the amount of compensation … Continue reading Owners of SS ‘Raphael’ v Brandy: HL 1 Jun 1911
The court must avoid treating every risky act by an employee due to familiarity with the work or some inattention resulting from noise or strain as contributory negligence: ‘ . . in Factory Act cases the purpose of imposing the absolute obligation is to protect the workmen against those very acts of inattention which are … Continue reading Staveley Iron and Chemical Co Ltd v Jones: HL 1956
The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The Court of Session held that there was no … Continue reading Hughes v Lord Advocate: HL 21 Feb 1963
The Workmen’s Compensation Act 1906, by Sched. I, sec. 16, provides that in a review of a weekly payment ‘where the workman was at the date of the accident under twenty-one years of age and the review takes place more than twelve months after the accident, the amount of the weekly payment may be increased … Continue reading Vickers, Son, and Maxim v Evans: HL 16 Jun 1910
Three workmen, a father and two sons, were killed by the same accident. The widowed mother and her surviving children sought for compensation in respect of all three deaths. The sons’ wages, together with the father’s, had formed one common fund out of which the household was maintained. Held that compensation was payable in respect … Continue reading Hodgson v West Stanley Colliery Co: HL 3 Mar 1910
Judgment on certain preliminary issues Judges: Paul Matthews HHJ Citations: [2017] EWHC 1920 (Ch) Links: Bailii Statutes: Insolvency Act 1986 8127 Jurisdiction: England and Wales Citing: Cited – Hanak v Green CA 1958 A builder was sued for his failure to complete the works he had contracted for. The buider sought a set-off against that … Continue reading Officeserve Technologies Ltd and Another v Anthony-Mike: ChD 28 Jul 2017
Weekly payments of 35s. each were made for six months to a workman injured by an accident arising out of and in the course of his employment. Thereafter the workman and his employers entered into an agreement for the payment of a lump sum of pounds 75 in discharge of all claims in respect of … Continue reading Russell v Rudd: HL 20 Mar 1923
Where a workman meets his death through accident arising out of and in the course of his employment a right to compensation from his employer is by the Workmen’s Compensation Act 1906 conferred upon his dependants, which vests in them on his death, and is, subject of course always to the restrictions of the Act, … Continue reading Hendry (Simpson’s Executrix) v The United Collieries Ltd: HL 24 Jun 1909
A seaman was lawfully absent from his ship for the purposes of buying clothing and of recreation. On returning, he fell from the ladder on the ship’s side and was drowned. Held that the accident arose out of and in the course of his employment, and that the shipowners were liable to pay compensation to … Continue reading Moore v Manchester Liners Ltd: HL 18 Jul 1910
A miner was injured by accident arising out of and in the course of his employment, and as the result lost one eye. His employers for a time paid him compensation for total incapacity. They applied for review of the compensation, and the arbiter ended it, finding that the miner’s incapacity had ceased. He also … Continue reading Hargreave v Haughead Coal Co Ltd: HL 12 Mar 1912
The parties disputed the effective extent of an easement which gave an express right to pass and repass providing access across a yard to a side door at premises on which a business was conducted at the time of the grant. Held: The court declined to limit the extent of the express reservation of a … Continue reading Bulstrode v Lambert: ChD 1953
Claims for freight charges are an exception to the general rule that all claims between parties must be resolved in one action. A claim for freight cannot be a claim ‘on the same grounds’ as a counter-claim for loss or damage arising out of the carriage, for there is no set off against freight. The … Continue reading Aries Tanker Corp v Total Transport Ltd; The Aries: HL 1977
The defendant contracted to build a plant for the claimant. The plant was damaged by a fire caused by the defendant’s independent sub-contractor. The defendant appealed against the finding that it was responsible for the sub-contractor’s failure. The risk of fire had been identified, but not properly understood. The judge found that the defendant had … Continue reading Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others: CA 12 Nov 2008
EXCISE DUTY – vehicle used for importation of tobacco goods to give to workmen in return for services rendered – importation was commercial and for profit – original Tribunal directed re-review relating to hardship and proportionality – whether re-review refusing restoration of vehicle was reasonable – appeal dismissed Citations: [2005] UKVAT-Excise E00907 Links: Bailii Jurisdiction: … Continue reading Singh v Revenue and Customs: Excs 20 Jul 2005
Master and Servant – Workmen’s Compensation Act 1906 (8 Edw. VII, cap. 58), Schedule I (16) – Weekly Payment – Review – Partial Incapacity – Inability to Find Suitable Work – No Change in Physical Condition the Lord Chancellor (Loreburn), Lord Macnaghten, Lord Atkinson, and Lord Shaw [1912] UKHL 708, 49 SLR 708 Bailii
An injured workmen was paid compensation by his employers at the full statutory rate of pounds 1 per week plus the corresponding war addition of 15s. per week from 15th April 1920, the date of the accident, until 21st August 1920, when they ceased payment, maintaining that he had fully recovered. The workman contended that … Continue reading John Brown and Co Ltd v Baird: HL 4 Dec 1923
Further judgment Picken J [2016] EWHC 1786 (QB) Bailii Civil Liability (Contribution) Act 1978 England and Wales Citing: Cited – Hanak v Green CA 1958 A builder was sued for his failure to complete the works he had contracted for. The buider sought a set-off against that claim of three of his one claims. One, … Continue reading Cape Distribution Ltd v Cape Intermediate Holdings Plc: QBD 19 Jul 2016
A wood adjoining the defendants’ railway was set alight and burned by sparks from the locomotives. On several previous occasions it had been set on fire, and the Company had paid for the damage. Evidence was given that the defendants had done everything that was practicable to the locomotives to make them safe, but it … Continue reading Vaughan v The Taff Vale Railway Company: 20 Nov 1858
The Workmen’s Compensation Act 1906, sec. 7 (2), enacts-‘This Act shall not apply to such members of the crew of a fishing vessel as are remunerated by shares in the profits or gross earnings of the working of such vessel.’ Where a member of a crew of a fishing vessel was paid under agreement partly … Continue reading Costello (Pauper) v Owners of Ship ‘Pigeon’: HL 13 Jun 1913
The court was asked whether the owner of a slate quarry was answerable for a public nuisance caused by his workmen without his knowledge and contrary to his general orders. Held: Mellor J: ‘It is quite true that this in point of form is a proceeding of a criminal nature, but in substance I think … Continue reading Regina v Stephens: 1866
