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Kirk v Lochgelly Iron and Coal Co, Ltd: SCS 25 Jan 1916

The widow of a workman who had died of an accident arising out of and in the course of his employment, on the evening of the day of his death, which took place on 28th December, informed a delegate of her husband’s union of the accident and death, and left the matter of compensation in his hands. The union officials, however, did not give notice of the accident till 6th January, and in the meantime the body had been interred. Held that notice had not been given as soon as practicable, and that there was no reasonable cause for delay, but that there was evidence on which the arbiter was entitled to find that the employers had not suffered prejudice by the delay.

Citations:

[1916] SLR 270

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury

Updated: 23 April 2022; Ref: scu.618263

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