Clark v. George Taylor &Co.. [1914] UKHL 740 (17 July 1914)
The arbiter did not misdirect himself in law and was entitled to find, as a matter of fact, that the applicant's incapacity did not result from the injury sustained in the course of employment. The appellate court should not disturb such findings absent legal error.
- Citation
- [1914] UKHL 740
- Parties
- Appellant in the Court of Session, Respondent in the House of Lords: Clark; Respondents in the Court of Session, Appellants in the House of Lords: George Taylor & Company
- Jurisdiction
- United Kingdom
- Judgment Date
- 17 July 1914
- Procedural Posture
- Appeal / House of Lords Decision on Appeal From the Court of Session
- Outcome
- Appeal allowed; order of the Court of Session reversed; arbiter's award restored.
- Legal Topics
- Workmen's Compensation, Causation, Master and Servant, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Clark
Appellant in the Court of Session, Respondent in the House of Lords
George Taylor & Company
Respondents in the Court of Session, Appellants in the House of Lords
Procedural Posture
Appeal / House of Lords Decision on Appeal From the Court of Session
Legal Issues
- 1 Whether the applicant's incapacity for work resulted from the injury sustained in the course of employment under the Workmen's Compensation Act 1906, First Schedule 1(b)
- 2 Whether the arbiter erred in law by requiring the incapacity to be the direct or exclusive result of the injury
Ratio Decidendi
The arbiter did not misdirect himself in law and was entitled to find, as a matter of fact, that the applicant's incapacity did not result from the injury sustained in the course of employment. The appellate court should not disturb such findings absent legal error.
Court Disposition
Appeal allowed; order of the Court of Session reversed; arbiter's award restored.
Orders
- Order of the Court of Session reversed with expenses.
- Arbiter's award restored.
Full Case Text
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