Kelly v. North British Railway Co. [1915] ScotLR 53 (28 October 1915)

Kelly v. North British Railway Co. [1915] ScotLR 53 (28 October 1915)

Payments made by the employer to the workman under an agreement that they are without prejudice to claims against third parties and subject to repayment if damages are recovered are not 'compensation' under the Workmen's Compensation Act 1906, and do not bar the workman from pursuing an action for damages against the third party.

Citation
[1915] ScotLR 53
Parties
Pursuer: Patrick Kelly; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
28 October 1915
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Workmen's Compensation, Master and Servant, Bar to Action, Reparation
Tort Employment Law Workmen's Compensation Master and Servant Bar to Action Reparation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Patrick Kelly

Pursuer

North British Railway Company

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether receipt of compensation by a workman under reservation of claims against third parties bars an action for damages against such third parties under the Workmen's Compensation Act 1906, section 6(1)

Ratio Decidendi

Payments made by the employer to the workman under an agreement that they are without prejudice to claims against third parties and subject to repayment if damages are recovered are not 'compensation' under the Workmen's Compensation Act 1906, and do not bar the workman from pursuing an action for damages against the third party.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • The action is allowed to proceed; the Lord Ordinary's interlocutor is adhered to.