The appellant in this case was in the employment of the respondents, and as the result of an accident received injuries which entitled him to compensation, the amount of which was settled in an agreement in accordance with the Workmen’s Compensation Act 1906 (6 Edw. VII, cap. 58). On an application by the respondents to the County Court Judge to review the agreement, evidence being forthcoming that the appellant had completely recovered, the latter granted an order terminating the agreement. This appeal was brought on the grounds that the County Court Judge exceeded his jurisdiction in terminating the agreement, or alternatively that the agreement was an attempt to contract out of the Act, and therefore void.
The Court of Appeal ( Cozens-Hardy, M.R., Fletcher-Moulton, and Farwell, L.JJ.) affirmed.
Held:
A registered agreement between employer and employed, under which the employed accepts a certain weekly payment in discharge of the employer’s liability under the Workmen’s Compensation Act 1906 ‘until ended, diminished, increased, or redeemed’ by an order of the arbiter, is legal. Technically such an agreement cannot be terminated by the arbiter, though he may end permanently, and not merely temporarily, the payments.
Judges:
Lord Chancellor (Earl Loreburn), Lords Atkinson, Shaw, and Mersey
Citations:
[1912] UKHL 1020, 49 SLR 1020
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
England and Wales
Personal Injury, Health and Safety
Updated: 25 April 2022; Ref: scu.619232
