Fraser and Others v. Fairfield Shipbuilding and Engineering Co., Ltd [1918] ScotLR 138 (21 December 1918)

Fraser and Others v. Fairfield Shipbuilding and Engineering Co., Ltd [1918] ScotLR 138 (21 December 1918)

The Court held that in assessing compensation for partial dependency under the Workmen's Compensation Act 1906, evidence regarding the possible future earnings of the deceased is competent and admissible. The arbitrator should consider such evidence and give it appropriate weight in determining a sum reasonable and proportionate to the injury to the dependants.

Citation
[1918] ScotLR 138
Parties
Appellants: John Fraser and others; Respondents: Fairfield Shipbuilding and Engineering Company, Limited
Jurisdiction
Scotland
Judgment Date
21 December 1918
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Court of Session (appeal From Sheriff Substitute at Glasgow)
Outcome
Determination of the arbitrator recalled; case remitted for reconsideration in light of admissibility of evidence of future earnings.
Legal Topics
Workmen's Compensation, Partial Dependency, Assessment of Compensation, Admissibility of Evidence
Labour Law Compensation Law Workmen's Compensation Partial Dependency Assessment of Compensation Admissibility of Evidence

Case Brief

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Parties

John Fraser and others

Appellants

Fairfield Shipbuilding and Engineering Company, Limited

Respondents

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Court of Session (appeal From Sheriff Substitute at Glasgow)

Legal Issues

  1. 1 Whether evidence of possible future earnings of the deceased is admissible in assessing compensation for partial dependency under the Workmen's Compensation Act 1906.

Ratio Decidendi

The Court held that in assessing compensation for partial dependency under the Workmen's Compensation Act 1906, evidence regarding the possible future earnings of the deceased is competent and admissible. The arbitrator should consider such evidence and give it appropriate weight in determining a sum reasonable and proportionate to the injury to the dependants.

Court Disposition

Determination of the arbitrator recalled; case remitted for reconsideration in light of admissibility of evidence of future earnings.

Orders

  • The Court refused to answer the questions of law as stated.
  • The determination of the Sheriff-Substitute and arbitrator is recalled in hoc statu.