Macandrew v. Gilhooley [1911] ScotLR 511 (19 January 1911)

Macandrew v. Gilhooley [1911] ScotLR 511 (19 January 1911)

The so-called 'final discharge' was not supported by consideration, was not understood by the respondent, and did not constitute a valid discharge of future compensation claims under statute or common law. The respondent remains entitled to compensation until incapacity ceases.

Citation
[1911] ScotLR 511
Parties
Appellant: Colin Macandrew; Respondent: Patrick Gilhooley
Jurisdiction
Scotland
Judgment Date
19 January 1911
Procedural Posture
Appeal From Sheriff Court Arbitration Under Workmen's Compensation Act 1906 / Inner House, Second Division, Court of Session
Outcome
Appeal dismissed; respondent's memorandum recorded; appellant's memorandum refused.
Legal Topics
Workmen's Compensation, Discharge of Claims, Personal Bar, Statutory Compensation, Common Law Discharge
Employment Law Personal Injury Reparation Workmen's Compensation Discharge of Claims Personal Bar Statutory Compensation Common Law Discharge

Case Brief

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Parties

Colin Macandrew

Appellant

Patrick Gilhooley

Respondent

Procedural Posture

Appeal From Sheriff Court Arbitration Under Workmen's Compensation Act 1906 / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether a cumulative receipt headed 'Final Discharge' bars a workman's claim to compensation under the Workmen's Compensation Act 1906
  2. 2 Whether the discharge was valid at common law or under statute
  3. 3 Whether the discharge was supported by consideration

Ratio Decidendi

The so-called 'final discharge' was not supported by consideration, was not understood by the respondent, and did not constitute a valid discharge of future compensation claims under statute or common law. The respondent remains entitled to compensation until incapacity ceases.

Court Disposition

Appeal dismissed; respondent's memorandum recorded; appellant's memorandum refused.

Orders

  • Affirmed decision of Sheriff-Substitute
  • Granted warrant to record respondent's memorandum of agreement