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 the instance of the employer for the review and termination of the weekly payments, on the ground that the injured man’s incapacity had ceased, the County Court Judge pronounced an order that the agreement ‘be this day terminated, and that the weekly payments to the workman thereunder be ended accordingly.’ At a later period the injured man again became incapable, and in his turn demanded an arbitration for the review and increase of the weekly payment under Schedule 1, section 12.
Held (affirming a judgment of the Court of Appeal) that the application was incompetent, there being no longer any weekly payment in existence capable of being reviewed, the whole matter having been finally terminated by the Judge’s order.
Judges:
Earl of Halsbury, Lords James of Hereford, Robertson, and Atkinson
Citations:
[1907] UKHL 620
Links:
Statutes:
Workmen’s Compensation Act 1897
Jurisdiction:
England and Wales
Litigation Practice
Updated: 27 April 2022; Ref: scu.622296
