Cochrane v. David Traill & Sons [1900] ScotLR 37_662 (16 March 1900)

Cochrane v. David Traill & Sons [1900] ScotLR 37_662 (16 March 1900)

An action in the Court of Session for payment of compensation under the Workmen's Compensation Act 1897 is incompetent; the statutory procedure for registration and enforcement of agreements or awards under the Act is exclusive. The pursuer's averments do not support an enforceable agreement independent of the Act.

Citation
[1900] ScotLR 37_662
Parties
Pursuer: David Cochrane; Defender: David Traill & Sons
Jurisdiction
Scotland
Judgment Date
16 March 1900
Procedural Posture
Reparation / Enforcement of Compensation Agreement / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
appeal dismissed; action dismissed as incompetent
Legal Topics
Workmen's Compensation, Enforcement of Compensation Agreements, Jurisdiction, Competency of Actions
Labour Law Personal Injury Civil Procedure Workmen's Compensation Enforcement of Compensation Agreements Jurisdiction Competency of Actions

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Parties

David Cochrane

Pursuer

David Traill & Sons

Defender

Procedural Posture

Reparation / Enforcement of Compensation Agreement / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Is an action in the Court of Session to enforce payment of compensation under the Workmen's Compensation Act 1897 competent?
  2. 2 Can an agreement to pay compensation under the Act be enforced by ordinary action if not registered?
  3. 3 Is a verbal agreement to pay compensation under the Act enforceable?

Ratio Decidendi

An action in the Court of Session for payment of compensation under the Workmen's Compensation Act 1897 is incompetent; the statutory procedure for registration and enforcement of agreements or awards under the Act is exclusive. The pursuer's averments do not support an enforceable agreement independent of the Act.

Court Disposition

appeal dismissed; action dismissed as incompetent

Orders

  • Court adhered to the Lord Ordinary's judgment dismissing the action with expenses.