King v. Edinburgh Collieries Co., Ltd [1923] ScotLR 148 (21 December 1923)

King v. Edinburgh Collieries Co., Ltd [1923] ScotLR 148 (21 December 1923)

Mere intimation of a claim for compensation under the Workmen's Compensation Act 1906 does not amount to a final and irrevocable election barring a subsequent action at common law or under the Employers' Liability Act 1880; however, the workman cannot pursue both remedies concurrently, and the court should sist the action to require the workman to elect between them within a reasonable time.

Citation
[1923] ScotLR 148
Parties
Pursuer: Thomas King; Defender: Edinburgh Collieries Company, Limited
Jurisdiction
Scotland
Judgment Date
21 December 1923
Procedural Posture
Civil Appeal (workmen's Compensation / Damages) / Appeal From Sheriff Substitute to Inner House, First Division
Outcome
Sheriff-Substitute's interlocutor recalled; case remitted to sist action for reasonable period to allow pursuer to elect remedy.
Legal Topics
Workmen's Compensation, Election of Remedies, Common Law Damages, Employers' Liability Act 1880, Workmen's Compensation Act 1906, Arbitration, Locus Poenitentiae
Employment Law Personal Injury Statutory Compensation Workmen's Compensation Election of Remedies Common Law Damages Employers' Liability Act 1880 Workmen's Compensation Act 1906 +2 more

Case Brief

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Parties

Thomas King

Pursuer

Edinburgh Collieries Company, Limited

Defender

Procedural Posture

Civil Appeal (workmen's Compensation / Damages) / Appeal From Sheriff Substitute to Inner House, First Division

Legal Issues

  1. 1 Does the mere intimation of a claim for compensation under the Workmen's Compensation Act 1906 constitute a final and irrevocable election barring a subsequent common law or Employers' Liability Act action?
  2. 2 Is a workman entitled to pursue both statutory and common law remedies concurrently or must he elect between them?

Ratio Decidendi

Mere intimation of a claim for compensation under the Workmen's Compensation Act 1906 does not amount to a final and irrevocable election barring a subsequent action at common law or under the Employers' Liability Act 1880; however, the workman cannot pursue both remedies concurrently, and the court should sist the action to require the workman to elect between them within a reasonable time.

Court Disposition

Sheriff-Substitute's interlocutor recalled; case remitted to sist action for reasonable period to allow pursuer to elect remedy.

Orders

  • Recall interlocutor of 10th July 1923.
  • Remit to Sheriff-Substitute to sist the action for such period as he may think reasonable to enable the pursuer to decide and intimate whether to withdraw the statutory claim as a condition of proceeding with the present action, under reservation of rights under section 1(4) of the Workmen's Compensation Act 1906.