M'kenna v. The united collieries, Ltd [1906] ScotLR 43_713 (27 June 1906)

M'kenna v. The united collieries, Ltd [1906] ScotLR 43_713 (27 June 1906)

Defenders are entitled to deduct from the compensation their taxed expenses down to the date when the verdict was applied, as the action at common law was uncalled for and the expenses were caused by the pursuer's choice of procedure. No expenses are due to or by either party for the period after the verdict was applied.

Citation
[1906] ScotLR 43_713
Parties
Pursuer: James M'Kenna; Defender: The United Collieries, Limited
Jurisdiction
Scotland
Judgment Date
27 June 1906
Procedural Posture
Civil Appeal / Post Verdict, Assessment of Compensation and Expenses
Outcome
Defenders entitled to deduct their taxed expenses from compensation; no further expenses due to or by either party after the verdict was applied.
Legal Topics
Workmen's Compensation, Deduction of Expenses, Common Law Damages, Employers' Liability
Employment Law Personal Injury Workmen's Compensation Deduction of Expenses Common Law Damages Employers' Liability

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Parties

James M'Kenna

Pursuer

The United Collieries, Limited

Defender

Procedural Posture

Civil Appeal / Post Verdict, Assessment of Compensation and Expenses

Legal Issues

  1. 1 Whether defenders are entitled to deduct their taxed expenses from compensation awarded under the Workmen's Compensation Act 1897 after an unsuccessful common law action.
  2. 2 Whether either party is entitled to expenses incurred after the verdict was applied.

Ratio Decidendi

Defenders are entitled to deduct from the compensation their taxed expenses down to the date when the verdict was applied, as the action at common law was uncalled for and the expenses were caused by the pursuer's choice of procedure. No expenses are due to or by either party for the period after the verdict was applied.

Court Disposition

Defenders entitled to deduct their taxed expenses from compensation; no further expenses due to or by either party after the verdict was applied.

Orders

  • Defenders to pay pursuer compensation at twelve shillings per week from 31 December 1904 under the Workmen's Compensation Act 1897, less £187 12s 11d taxed expenses.
  • No expenses due to or by either party after the date the verdict was applied.