Moore & Co. v. Pryde [1912] ScotLR 302 (21 December 1912)

Moore & Co. v. Pryde [1912] ScotLR 302 (21 December 1912)

The memorandum sought to be recorded omitted a material term present in the actual agreement ('during the period of total incapacity for work'), and thus could not be recorded as genuine. On the issue of reduction of compensation, the arbiter failed to show that he exercised discretion with reference to the facts, as required by statute.

Citation
[1912] ScotLR 302
Parties
Appellant: A. G. Moore & Company; Respondent: Thomas Pryde
Jurisdiction
Scotland
Judgment Date
21 December 1912
Procedural Posture
Appeal From Arbitration (sheriff Court) / Inner House, Second Division, Court of Session
Outcome
Appeal allowed in part; determination of the arbitrator recalled; case remitted to the arbitrator for further proceedings.
Legal Topics
Workmen's Compensation, Recording of Memorandum of Agreement, Partial Incapacity, Review of Compensation, Genuineness of Agreement
Labour Law Compensation Law Workmen's Compensation Recording of Memorandum of Agreement Partial Incapacity Review of Compensation Genuineness of Agreement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

A. G. Moore & Company

Appellant

Thomas Pryde

Respondent

Procedural Posture

Appeal From Arbitration (sheriff Court) / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether the memorandum of agreement was genuine within the meaning of the Workmen's Compensation Act 1906
  2. 2 Whether the arbiter was entitled to refuse to diminish the respondent's compensation after partial recovery
  3. 3 Whether the terms of the memorandum differed materially from the actual agreement

Ratio Decidendi

The memorandum sought to be recorded omitted a material term present in the actual agreement ('during the period of total incapacity for work'), and thus could not be recorded as genuine. On the issue of reduction of compensation, the arbiter failed to show that he exercised discretion with reference to the facts, as required by statute.

Court Disposition

Appeal allowed in part; determination of the arbitrator recalled; case remitted to the arbitrator for further proceedings.

Orders

  • First and third questions of law answered in the negative.
  • Determination of the arbitrator recalled.