Wright v. Lindsay and Others [1911] ScotLR 210 (30 November 1911)

Wright v. Lindsay and Others [1911] ScotLR 210 (30 November 1911)

Payments made by an employer to a workman under the Workmen's Compensation Act 1906, expressly conditional upon repayment if damages are recovered from a third party, do not constitute 'recovery' of compensation within the meaning of section 6 of the Act and do not bar the workman from pursuing an action for damages against the third party.

Citation
[1911] ScotLR 210
Parties
Pursuer: Robert B. Wright; Defenders: J. S. Lindsay and Others
Jurisdiction
Scotland
Judgment Date
30 November 1911
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
Interlocutors of the Sheriff-Substitute and Sheriff recalled in so far as they bar the pursuer from pursuing the action; 8th plea-in-law for defenders repelled; cause continued for further procedure.
Legal Topics
Workmen's Compensation, Right to Claim Damages Against Third Parties, Statutory Interpretation, Election of Remedies
Employment Law Tort Law Workmen's Compensation Right to Claim Damages Against Third Parties Statutory Interpretation Election of Remedies

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Parties

Robert B. Wright

Pursuer

J. S. Lindsay and Others

Defenders

Procedural Posture

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

Legal Issues

  1. 1 Whether a workman who receives compensation from his employer under the Workmen's Compensation Act 1906, with express reservation of claims against third parties and an agreement to repay if damages are recovered, is barred from pursuing an action for damages against a third party under section 6 of the Act.

Ratio Decidendi

Payments made by an employer to a workman under the Workmen's Compensation Act 1906, expressly conditional upon repayment if damages are recovered from a third party, do not constitute 'recovery' of compensation within the meaning of section 6 of the Act and do not bar the workman from pursuing an action for damages against the third party.

Court Disposition

Interlocutors of the Sheriff-Substitute and Sheriff recalled in so far as they bar the pursuer from pursuing the action; 8th plea-in-law for defenders repelled; cause continued for further procedure.

Orders

  • Recall of findings that the pursuer is barred from pursuing the action.
  • Repel the 8th plea-in-law for the defenders.