Breslin v. Barr & Thornton, Ltd [1922] ScotLR 66 (10 November 1922)

Breslin v. Barr & Thornton, Ltd [1922] ScotLR 66 (10 November 1922)

The arbitrator has unfettered discretion under the Workmen's Compensation Act 1906 to determine expenses, provided that discretion is exercised judicially and legally. There was no evidence that the arbitrator failed to do so or committed an error of law. Therefore, the arbitrator was entitled to find no expenses due to or by either party.

Citation
[1922] ScotLR 66
Parties
Appellant: Andrew Breslin; Respondent: Barr & Thornton, Limited
Jurisdiction
Scotland
Judgment Date
10 November 1922
Procedural Posture
Appeal From Arbitration (workmen's Compensation) / Appeal on Question of Expenses
Outcome
Appeal dismissed; arbitrator's discretion upheld.
Legal Topics
Workmen's Compensation, Discretion of Arbitrator, Expenses in Arbitration
Labour Law Compensation Law Workmen's Compensation Discretion of Arbitrator Expenses in Arbitration

Case Brief

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Parties

Andrew Breslin

Appellant

Barr & Thornton, Limited

Respondent

Procedural Posture

Appeal From Arbitration (workmen's Compensation) / Appeal on Question of Expenses

Legal Issues

  1. 1 Whether the arbitrator had discretion to find no expenses due to or by either party under the Workmen's Compensation Act 1906, Second Schedule (7)
  2. 2 Whether the arbitrator was bound to award expenses to the appellant

Ratio Decidendi

The arbitrator has unfettered discretion under the Workmen's Compensation Act 1906 to determine expenses, provided that discretion is exercised judicially and legally. There was no evidence that the arbitrator failed to do so or committed an error of law. Therefore, the arbitrator was entitled to find no expenses due to or by either party.

Court Disposition

Appeal dismissed; arbitrator's discretion upheld.

Orders

  • First question of law answered in the affirmative: arbitrator had discretion to find no expenses due to or by either party.
  • Second question of law answered in the negative: arbitrator was not bound to award expenses to the appellant.