Dunlop v. Rankin & Blackmore [1901] ScotLR 39_146 (27 November 1901)

Dunlop v. Rankin & Blackmore [1901] ScotLR 39_146 (27 November 1901)

The letter of 15th March 1901 constituted an agreement under the Workmen's Compensation Act 1897, which could be recorded as a memorandum; arbitration was excluded by the existence of such an agreement, and it remained competent to record the memorandum despite the appellant's recovery and the decree of absolvitor.

Source-derived case information.

Citation
[1901] ScotLR 39_146
Parties
Appellant: Patrick Dunlop; Respondent: Rankin & Blackmore
Jurisdiction
Scotland
Judgment Date
27 November 1901
Procedural Posture
Arbitration Appeal Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute to Court of Session Inner House Second Division
Outcome
Appeal allowed; application to be dismissed
Legal Topics
Workmen's Compensation, Registration of Agreement, Arbitration Exclusion, Declaration of Liability
Labour Law Personal Injury Compensation Law Workmen's Compensation Registration of Agreement Arbitration Exclusion Declaration of Liability

Source-derived case record

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Parties

Patrick Dunlop

Appellant

Rankin & Blackmore

Respondent

Procedural Posture

Arbitration Appeal Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the letter of 15th March 1901 constituted an agreement under the Workmen's Compensation Act 1897 for which a memorandum could be recorded
  2. 2 Whether the letter was superseded by the decree of absolvitor
  3. 3 Whether it remained competent to record a memorandum in case of future incapacity

Ratio Decidendi

The letter of 15th March 1901 constituted an agreement under the Workmen's Compensation Act 1897, which could be recorded as a memorandum; arbitration was excluded by the existence of such an agreement, and it remained competent to record the memorandum despite the appellant's recovery and the decree of absolvitor.

Court Disposition

Appeal allowed; application to be dismissed

Orders

  • Questions of law answered in the affirmative
  • Interlocutor of the Sheriff-Substitute recalled