Rosie v. Mackay [1909] ScotLR 999 (16 July 1909)

The workman, by pursuing a common law action and denying the existence of an agreement, acquiesced in the discontinuance of compensation payments and is therefore barred from claiming compensation for the period prior to the recording of the memorandum of agreement.

Citation: [1909] ScotLR 999
Parties: Complainer (respondent): George Rosie; Respondent (reclaimer): Alexander Mackay
Jurisdiction: Scotland
Judgment Date: 16 July 1909
Procedural Posture: Suspension of Charge (workmen's Compensation) / Appeal (inner House, Second Division)
Outcome: appeal dismissed; judgment of Lord Ordinary affirmed
Legal Topics: Workmen's Compensation, Master and Servant, Acquiescence, Bar to Claim, Recording of Agreement

Employment Law Compensation Law Workmen's Compensation Master and Servant Acquiescence Bar to Claim Recording of Agreement

Case Brief

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Parties

George Rosie

Complainer (respondent)

Alexander Mackay

Respondent (reclaimer)

Procedural Posture

Suspension of Charge (workmen's Compensation) / Appeal (inner House, Second Division)

Legal Issues

1 Whether a workman who acquiesced in the discontinuance of weekly compensation payments during the pendency of a common law action is barred from claiming compensation for that period after recording a memorandum of agreement under the Workmen's Compensation Act 1897.

Ratio Decidendi

Court Disposition

appeal dismissed; judgment of Lord Ordinary affirmed

Orders

Charge suspended in so far as regards the period from 4th May 1907 to 24th August 1908.
No compensation payable for period prior to recording of memorandum of agreement.