Merry & Cuninghame, Ltd v. M'Gowan [1914] ScotLR 30 (29 October 1914)

Merry & Cuninghame, Ltd v. M'Gowan [1914] ScotLR 30 (29 October 1914)

A workman disabled by an industrial disease is entitled to compensation from the last employer who employed him in the relevant process within the twelve months preceding disablement, even if the disease is only partially due to that employment; exclusive causation within the twelve months is not required.

Citation
[1914] ScotLR 30
Parties
Appellant: Merry & Cuninghame, Limited; Respondent: Michael M'Gowan
Jurisdiction
Scotland
Judgment Date
29 October 1914
Procedural Posture
Appeal / Court of Session Inner House, First Division, on Stated Case From Sheriff Court at Hamilton
Outcome
Appeal dismissed; question of law answered in the affirmative.
Legal Topics
Workmen's Compensation, Industrial Disease, Employer Liability, Statutory Interpretation
Labour Law Compensation Law Workmen's Compensation Industrial Disease Employer Liability Statutory Interpretation

Case Brief

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Parties

Merry & Cuninghame, Limited

Appellant

Michael M'Gowan

Respondent

Procedural Posture

Appeal / Court of Session Inner House, First Division, on Stated Case From Sheriff Court at Hamilton

Legal Issues

  1. 1 Whether disablement by industrial disease partially due to employment within the preceding twelve months entitles the workman to compensation from the last employer under section 8 of the Workmen's Compensation Act 1906
  2. 2 Whether liability attaches only if the disease is wholly due to employment within the twelve months

Ratio Decidendi

A workman disabled by an industrial disease is entitled to compensation from the last employer who employed him in the relevant process within the twelve months preceding disablement, even if the disease is only partially due to that employment; exclusive causation within the twelve months is not required.

Court Disposition

Appeal dismissed; question of law answered in the affirmative.

Orders

  • Respondent entitled to compensation from appellants as last employer under section 8 of the Workmen's Compensation Act 1906.