A workman in the course of his employment received an injury apparently of a trifling character. About a month later, as a result of the injury, serious symptoms ensued, and the workman took to bed after giving his employers a doctor’s certificate that he was suffering from septic poisoning. No notice of a formal character was given to the employers for another ten days. The Court of Appeal held, reversing the award of the arbitrator, that the appellant had not discharged the onus which was on him of showing that his employers were not prejudiced by his omission to serve a notice on them as soon as practicable.
Held, allowing the appeal, that the mere fact of failure to give notice did not raise a presumption of prejudice.
Per Lord Chancellor ‘If, when the facts are all before the learned County Court Judge, they are facts from which he might reasonably assume that no prejudice had in fact been suffered by the respondents, that is sufficient.’
Judges:
Lord Chancellor (Buckmaster), Earl Loreburn, Viscount Haldane, Lords Atkinson and Parker
Citations:
[1916] UKHL 829, 53 SLR 829
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
England and Wales
Employment, Personal Injury
Updated: 11 July 2022; Ref: scu.630676
