Rosie v Mackay: HL 13 Nov 1911

The Workmen’s Compensation Act 1906, sec. 16(1), enacts-‘This Act shall come into operation on the first day of July 1907, but, except so far as it relates to references to medical referees and proceedings consequential thereon, shall not apply in any case where the accident happened before the commencement of this Act.’ Schedule II (17) ( b) gives an appeal to the House of Lords from a decision of the Court of Session.
In an arbitration under the Workmen’s Compensation Act 1897, arising out of an accident which occurred on 20th November 1906, the arbiter, with consent, remitted to a medical referee, and on his report, without further evidence, gave his decision reducing the compensation previously paid by a half. The employer appealed by stated case to the Court of Session, whose decision was that compensation should be ended.
Held that the House of Lords had no jurisdiction to entertain an appeal, as the words in the Workmen’s Compensation Act 1906, sec. 16 (1), ‘proceedings consequential’ on references to medical referees, would not cover the case.

Citations:

[1911] UKHL 48, 49 SLR 48

Links:

Bailii

Statutes:

Workmen’s Compensation Act 1906 16(1)

Jurisdiction:

Scotland

Employment, Personal Injury

Updated: 17 June 2022; Ref: scu.619217