Robertson v. S. Henderson & Sons, Ltd [1904] ScotLR 41_597 (02 June 1904)

Robertson v. S. Henderson & Sons, Ltd [1904] ScotLR 41_597 (02 June 1904)

A settlement and discharge executed by a minor and his curator in respect of a Workmen's Compensation Act claim is voidable at common law on the ground of minority and lesion, and the Act does not exclude the application of common law principles; relevant averments of minority and lesion entitle the pursuer to proof.

Citation
[1904] ScotLR 41_597
Parties
Pursuer: James Robertson; Defender: S. Henderson & Sons, Limited
Jurisdiction
Scotland
Judgment Date
02 June 1904
Procedural Posture
Civil / Appeal Against Lord Ordinary's Interlocutor Allowing Proof Before Answer
Outcome
Proof before answer allowed; interlocutor of Lord Ordinary adhered to; action not dismissed as irrelevant.
Legal Topics
Reduction of Contract, Minority and Lesion, Workmen's Compensation, Competency of Settlement Agreements, Statutory Interpretation
Contract Law Employment Law Personal Injury Reduction of Contract Minority and Lesion Workmen's Compensation Competency of Settlement Agreements Statutory Interpretation

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Parties

James Robertson

Pursuer

S. Henderson & Sons, Limited

Defender

Procedural Posture

Civil / Appeal Against Lord Ordinary's Interlocutor Allowing Proof Before Answer

Legal Issues

  1. 1 Whether a settlement and discharge executed by a minor and his curator in respect of a Workmen's Compensation Act claim is voidable on the ground of minority and lesion
  2. 2 Whether the Workmen's Compensation Act 1897 precludes reduction of such agreements on common law grounds
  3. 3 Whether averments of lesion are relevant where compensation would otherwise be fixed by arbitration

Ratio Decidendi

A settlement and discharge executed by a minor and his curator in respect of a Workmen's Compensation Act claim is voidable at common law on the ground of minority and lesion, and the Act does not exclude the application of common law principles; relevant averments of minority and lesion entitle the pursuer to proof.

Court Disposition

Proof before answer allowed; interlocutor of Lord Ordinary adhered to; action not dismissed as irrelevant.

Orders

  • Proof of averments of minority and lesion allowed before answer.
  • Interlocutor of Lord Ordinary adhered to.