Fife Coal Co., Ltd, v. Davidson [1906] ScotLR 44_108 (23 November 1906)

Fife Coal Co., Ltd, v. Davidson [1906] ScotLR 44_108 (23 November 1906)

A charge for payment under a recorded agreement may be restricted to a lesser sum agreed in a subsequent unrecorded agreement, and such restriction does not invalidate the charge. The recorded agreement remains the statutory basis for enforcement until a subsequent agreement is recorded. The statute does not require that a reduction in the amount payable must be recorded before it can be given effect in a charge; the charger may restrict the amount claimed as he sees fit.

Citation
[1906] ScotLR 44_108
Parties
Complainer/respondent: Fife Coal Company, Limited; Respondent/reclaimer: John Davidson
Jurisdiction
Scotland
Judgment Date
23 November 1906
Procedural Posture
Suspension of Charge (note of Suspension) / Inner House, First Division, Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor
Outcome
Suspension refused; Lord Ordinary's interlocutor recalled.
Legal Topics
Workmen's Compensation, Enforcement of Agreements, Diligence, Recorded and Unrecorded Agreements
Labour Law Civil Procedure Workmen's Compensation Enforcement of Agreements Diligence Recorded and Unrecorded Agreements

Case Brief

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Parties

Fife Coal Company, Limited

Complainer/respondent

John Davidson

Respondent/reclaimer

Procedural Posture

Suspension of Charge (note of Suspension) / Inner House, First Division, Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a charge for payment under a recorded agreement can be restricted to a lesser sum agreed in a subsequent unrecorded agreement
  2. 2 Whether an unrecorded agreement to vary compensation displaces the enforceability of the recorded agreement under the Workmen's Compensation Act 1897

Ratio Decidendi

A charge for payment under a recorded agreement may be restricted to a lesser sum agreed in a subsequent unrecorded agreement, and such restriction does not invalidate the charge. The recorded agreement remains the statutory basis for enforcement until a subsequent agreement is recorded. The statute does not require that a reduction in the amount payable must be recorded before it can be given effect in a charge; the charger may restrict the amount claimed as he sees fit.

Court Disposition

Suspension refused; Lord Ordinary's interlocutor recalled.

Orders

  • Refusal of suspension of charge
  • Recall of Lord Ordinary's interlocutor