M'Lelland v. J. & P. Hutchison and Others [1918] ScotLR 77 (15 November 1918)

M'Lelland v. J. & P. Hutchison and Others [1918] ScotLR 77 (15 November 1918)

The contract of service entered into by the deceased, though he was a deserter from the army, was not null and void but only voidable. As the contract had not been avoided at the time of the accident and had been partly performed, the widow was entitled to compensation under the Workmen's Compensation Act 1906.

Citation
[1918] ScotLR 77
Parties
Appellant: Mrs Robertson or M'Lelland; Respondents: J. & P. Hutchison and Others (trustees of the late Thomas Holt Hutchison)
Jurisdiction
Scotland
Judgment Date
15 November 1918
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, First Division, Court of Session
Outcome
Appeal allowed; question of law answered in the negative.
Legal Topics
Workmen's Compensation, Contract of Service, Illegality of Contract, Master and Servant
Employment Law Compensation Law Workmen's Compensation Contract of Service Illegality of Contract Master and Servant

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Parties

Mrs Robertson or M'Lelland

Appellant

J. & P. Hutchison and Others (trustees of the late Thomas Holt Hutchison)

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether a widow is debarred from claiming compensation under the Workmen's Compensation Act 1906 because her deceased husband was a deserter from the army at the time of his employment.

Ratio Decidendi

The contract of service entered into by the deceased, though he was a deserter from the army, was not null and void but only voidable. As the contract had not been avoided at the time of the accident and had been partly performed, the widow was entitled to compensation under the Workmen's Compensation Act 1906.

Court Disposition

Appeal allowed; question of law answered in the negative.

Orders

  • Respondents held liable to pay compensation to the appellant widow under the Workmen's Compensation Act 1906.