Mohad v Anchor Line (Henderson Brothers), Ltd: HL 13 Dec 1921

A seaman who was engaged for a round voyage from Bombay to the United Kingdom and back to Bombay met with an accident during the voyage which partially incapacitated him. He was thereafter maintained by his employers in accordance with the provisions of the Merchant Shipping Act 1906, and brought in one of their vessels to Liverpool and thence by train to Glasgow, where he rejoined his ship. Before the expiry of his contract of service he deserted, and thereafter claimed compensation under the Workmen’s Compensation Act. Held ( diss. Lord Sumner, aff. the judgment of the Second Division) that as the liability of the shipowners under the Merchant Shipping Act had been terminated by the seaman’s desertion the latter was entitled to claim compensation under the Workmen’s Compensation Act, and that the shipowners could not postpone their liability therefor until the termination of the voyage.

Viscount Haldane, Viscount Finlay, Lord Dunedin, Lord Shaw, and Lord Sumner
[1921] UKHL 61, 59 SLR 61
Bailii
Scotland

Personal Injury

Updated: 15 November 2021; Ref: scu.632646