Burton v. Chapel Coal Co., Ltd [1909] ScotLR 375 (27 January 1909)

Burton v. Chapel Coal Co., Ltd [1909] ScotLR 375 (27 January 1909)

A workman who has elected to pursue a claim under the Workmen's Compensation Act 1897 and has obtained a final judgment on the merits is precluded by section 1(2)(b) of the Act from subsequently bringing a common law action for damages for the same injury, regardless of whether the statutory claim succeeded or failed on its merits. The statutory bar is distinct from, and not dependent on, the doctrine of res judicata.

Citation
[1909] ScotLR 375
Parties
Pursuer/appellant: James Burton; Defender/respondent: Chapel Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
27 January 1909
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Election of Remedies, Res Judicata, Statutory Interpretation, Personal Injury, Serious and Wilful Misconduct
Employment Law Statutory Compensation Tort Law Workmen's Compensation Election of Remedies Res Judicata Statutory Interpretation Personal Injury +1 more

Case Brief

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Parties

James Burton

Pursuer/appellant

Chapel Coal Company, Limited

Defender/respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether a workman who has unsuccessfully claimed compensation under the Workmen's Compensation Act 1897 is barred from subsequently bringing a common law action for damages for the same injury.
  2. 2 Whether the doctrine of res judicata applies to bar such a subsequent action.
  3. 3 Proper construction of section 1(2)(b) and section 1(4) of the Workmen's Compensation Act 1897.

Ratio Decidendi

A workman who has elected to pursue a claim under the Workmen's Compensation Act 1897 and has obtained a final judgment on the merits is precluded by section 1(2)(b) of the Act from subsequently bringing a common law action for damages for the same injury, regardless of whether the statutory claim succeeded or failed on its merits. The statutory bar is distinct from, and not dependent on, the doctrine of res judicata.

Court Disposition

appeal dismissed

Orders

  • interlocutor under appeal affirmed
  • action at common law dismissed as incompetent