Slavin v. Train & Taylor [1912] ScotLR 577 (20 March 1912)

Slavin v. Train & Taylor [1912] ScotLR 577 (20 March 1912)

The pursuer is entitled to compensation under the Workmen's Compensation Act 1906 at the agreed rate, subject to deduction of the defenders' expenses, and is entitled to the expense of obtaining the award, modified at £5, 5s.

Citation
[1912] ScotLR 577
Parties
Pursuer: Peter Slavin; Defenders: Train & Taylor
Jurisdiction
Scotland
Judgment Date
20 March 1912
Procedural Posture
Action for Damages and Compensation / Post Verdict, Assessment of Compensation
Outcome
award of compensation to pursuer, dismissal of damages action, expenses awarded to both parties as specified
Legal Topics
Workmen's Compensation, Expenses, Assessment of Compensation, Master and Servant
Employment Law Personal Injury Compensation Law Workmen's Compensation Expenses Assessment of Compensation Master and Servant

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Parties

Peter Slavin

Pursuer

Train & Taylor

Defenders

Procedural Posture

Action for Damages and Compensation / Post Verdict, Assessment of Compensation

Legal Issues

  1. 1 Is the pursuer entitled to compensation under the Workmen's Compensation Act 1906 after dismissal of the damages action?
  2. 2 Should the pursuer be awarded expenses for obtaining the compensation award?

Ratio Decidendi

The pursuer is entitled to compensation under the Workmen's Compensation Act 1906 at the agreed rate, subject to deduction of the defenders' expenses, and is entitled to the expense of obtaining the award, modified at £5, 5s.

Court Disposition

award of compensation to pursuer, dismissal of damages action, expenses awarded to both parties as specified

Orders

  • Award compensation to pursuer at 10s. per week from 6th August 1910, subject to deduction of defenders' taxed expenses
  • Issue certified copy of interlocutor as certificate of award under section 1(4) of the Act