It is open to an arbiter acting under the Workmen’s Compensation Acts, upon sufficient evidence being adduced, to increase the compensation granted to a workman on partial incapacity, on the ground that though there is no change in his physical state, there is a greater difficulty than had been contemplated at the time of the original grant in his obtaining employment. Circumstances in which held that an arbiter had facte before him to entitle him to increase an original award.
The Scots Act 1424, cap. 24 (1424, cap. 45), dealing with pauper causes, enacts-‘ . . Ana gif sic cause be obtenyt the wrangar sail asseyth bath the party scathit and the aduocatis costis and truale. . . ‘
Held that the practice of the House of Lords was established as to the question of expenses in a poor’s cause, and could not be altered because of an early Scots statute which had not in contemplation an appeal to the House of Lords.
Viscouut Finlay, Viscount Cave, Lord Dunedin, Lord Shaw, and Lord Wrenbury
[1919] UKHL 522, 56 SLR 522
Bailii
Scotland
Personal Injury, Damages, Costs
Updated: 04 January 2022; Ref: scu.632783