Orrell Colliery Co Ltd v Schofield: HL 14 May 1909

A workman was killed by an accident arising out of and in the course of his employment. At the date of his death he was engaged to be married; the banns had been published at his expense and the wedding day fixed; the woman was pregnant with a child which the workman had acknowledged to be his own and intended to maintain.
Held that the after-born illegitimate child was a dependant under sec. 13 of the Workmen’s Compensation Act 1906. The claim of a posthumous illegitimate child for compensation as a dependant of a deceased workman was sustained by the County Court Judge and affirmed by the Court of Appeal

Judges:

Lord Chancellor (Loreburn), Lords Ashbourne, James of Hereford, Gorell and Shaw

Citations:

[1909] UKHL 1043, 46 SLR 1043

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 11 June 2022; Ref: scu.620580