Where an employee was injured at work, but by an outside person, section 6 of the 1897 Act provides that the worker could ‘at his option, proceed, either at law against that person to recover damages, or against his employer for compensation under this Act, but not against both’. If compensation under the Act was paid, the ’employer [was] entitled to be indemnified’ by that other person.
Receipts given ‘without prejudice’ were accepted by the employers.
Held: The workman had not exercised the option under the Act.
Citations:
[1903] 2 KB 639
Statutes:
Workmen’s Compensation Act 1897 6
Cited by:
Cited – Bradford and Bingley Plc v Rashid HL 12-Jul-2006
Disapplication of Without Prejudice Rules
The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Employment, Personal Injury
Updated: 14 May 2022; Ref: scu.243136
