Kirk v. Lochgelly Iron and Coal Co., Ltd [1916] ScotLR 270 (25 January 1916)

Kirk v. Lochgelly Iron and Coal Co., Ltd [1916] ScotLR 270 (25 January 1916)

Although notice was not given as soon as practicable and no reasonable cause for delay was established, there was evidence on which the arbitrator was entitled to find that the employer was not prejudiced in their defence by the delay, as a post-mortem examination could still have been sought after notice was given.

Citation
[1916] ScotLR 270
Parties
Respondent: Mrs Mary Hepburn or Kirk; Appellants: Lochgelly Iron and Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
25 January 1916
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Court of Session Inner House Second Division
Outcome
Appeal dismissed; respondent entitled to compensation.
Legal Topics
Workmen's Compensation, Notice of Accident, Prejudice to Employer, Reasonable Cause for Delay
Labour Law Compensation Law Workmen's Compensation Notice of Accident Prejudice to Employer Reasonable Cause for Delay

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 3 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mrs Mary Hepburn or Kirk

Respondent

Lochgelly Iron and Coal Company, Limited

Appellants

Procedural Posture

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

Legal Issues

  1. 1 Whether notice of accident was given as soon as practicable under the Workmen's Compensation Act 1906
  2. 2 Whether failure to give notice was excused by reasonable cause
  3. 3 Whether the employer was prejudiced in their defence by want of notice

Ratio Decidendi

Although notice was not given as soon as practicable and no reasonable cause for delay was established, there was evidence on which the arbitrator was entitled to find that the employer was not prejudiced in their defence by the delay, as a post-mortem examination could still have been sought after notice was given.

Court Disposition

Appeal dismissed; respondent entitled to compensation.

Orders

  • First question not answered; second question of law answered in the affirmative (respondent not barred from maintaining proceedings).
  • Award of £261, 4s. 2d. as compensation to respondent.