Devons v. Alexander Anderson & Sons [1910] ScotLR 187 (29 November 1910)

Devons v. Alexander Anderson & Sons [1910] ScotLR 187 (29 November 1910)

No claim for compensation under the Act was made by or on behalf of the appellant within six months of the accident, and there was no reasonable cause for the failure; therefore, proceedings are barred by statute and the employer is not precluded from pleading the limitation.

Citation
[1910] ScotLR 187
Parties
Appellant: Patrick Devons; Respondent: Alexander Anderson & Sons
Jurisdiction
Scotland
Judgment Date
29 November 1910
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Judgment on Appeal From Sheriff Substitute
Outcome
Appeal dismissed; determination of Sheriff-Substitute affirmed.
Legal Topics
Workmen's Compensation, Limitation Periods, Notice Requirements, Personal Bar, Mistake and Reasonable Cause
Labour Law Statutory Compensation Workmen's Compensation Limitation Periods Notice Requirements Personal Bar Mistake and Reasonable Cause

Case Brief

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Parties

Patrick Devons

Appellant

Alexander Anderson & Sons

Respondent

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1906 / Judgment on Appeal From Sheriff Substitute

Legal Issues

  1. 1 Whether a claim for compensation under the Workmen's Compensation Act 1906 must be made within six months even if liability is admitted or compensation is offered by the employer
  2. 2 Whether the employer is barred from pleading statutory limitation due to conduct or negotiations
  3. 3 Whether failure to make a claim within six months was occasioned by mistake, absence, or other reasonable cause

Ratio Decidendi

No claim for compensation under the Act was made by or on behalf of the appellant within six months of the accident, and there was no reasonable cause for the failure; therefore, proceedings are barred by statute and the employer is not precluded from pleading the limitation.

Court Disposition

Appeal dismissed; determination of Sheriff-Substitute affirmed.

Orders

  • Refused to answer the questions of law as stated.
  • Affirmed the determination of the Sheriff-Substitute as arbitrator.