Slavin v. Train & Taylor [1911] ScotLR 93 (24 November 1911)

Slavin v. Train & Taylor [1911] ScotLR 93 (24 November 1911)

A motion for assessment of compensation under the Workmen's Compensation Act 1906 must be made before the verdict is applied; if made in time, the Judge will proceed to assess compensation in an informal manner, acting as a quasi-arbiter.

Citation
[1911] ScotLR 93
Parties
Pursuer: Peter Slavin; Defenders: Train & Taylor
Jurisdiction
Scotland
Judgment Date
24 November 1911
Procedural Posture
Action for Damages and Motion for Assessment of Compensation / Post Verdict, Motion for Assessment of Compensation Under Workmen's Compensation Act 1906
Outcome
Motion for assessment of compensation held to be timeously made; case continued for parties to adjust compensation amount.
Legal Topics
Workmen's Compensation, Timing of Motions, Jurisdiction, Assessment of Compensation, Procedure After Unsuccessful Damages Action
Employment Law Personal Injury Civil Procedure Workmen's Compensation Timing of Motions Jurisdiction Assessment of Compensation Procedure After Unsuccessful Damages Action

Case Brief

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Parties

Peter Slavin

Pursuer

Train & Taylor

Defenders

Procedural Posture

Action for Damages and Motion for Assessment of Compensation / Post Verdict, Motion for Assessment of Compensation Under Workmen's Compensation Act 1906

Legal Issues

  1. 1 Whether a motion for assessment of compensation under the Workmen's Compensation Act 1906 must be made before the verdict is applied
  2. 2 Whether such a motion is competent in the Court of Session or only in the Sheriff Court
  3. 3 Whether the pursuer was barred from making the motion after going before a jury

Ratio Decidendi

A motion for assessment of compensation under the Workmen's Compensation Act 1906 must be made before the verdict is applied; if made in time, the Judge will proceed to assess compensation in an informal manner, acting as a quasi-arbiter.

Court Disposition

Motion for assessment of compensation held to be timeously made; case continued for parties to adjust compensation amount.

Orders

  • Case continued to allow parties to adjust the amount of compensation.
  • Expenses as taxed to be deducted from compensation, if any is found due.