Vickers, Son, & Maxim v. Evans [1910] UKHL 697 (16 June 1910)

Vickers, Son, & Maxim v. Evans [1910] UKHL 697 (16 June 1910)

The Workmen's Compensation Act 1906, Sched. I, sec. 16, does not restrict the estimation of probable earnings for a minor to the same employer; the County Court Judge may consider probable earnings in any employment the workman would probably have had if uninjured.

Citation
[1910] UKHL 697
Parties
Appellant: Vickers, Son, & Maxim; Respondent: Evans
Jurisdiction
United Kingdom
Judgment Date
16 June 1910
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Court of Appeal
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Assessment of Probable Earnings, Statutory Interpretation, Minor Workman
Employment Law Compensation Law Workmen's Compensation Assessment of Probable Earnings Statutory Interpretation Minor Workman

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Parties

Vickers, Son, & Maxim

Appellant

Evans

Respondent

Procedural Posture

Appeal / House of Lords Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether, under the Workmen's Compensation Act 1906, Sched. I, sec. 16, the probable earnings of a minor workman on review are limited to what he would have earned with the same employer or may include probable earnings in other employment.

Ratio Decidendi

The Workmen's Compensation Act 1906, Sched. I, sec. 16, does not restrict the estimation of probable earnings for a minor to the same employer; the County Court Judge may consider probable earnings in any employment the workman would probably have had if uninjured.

Court Disposition

appeal dismissed

Orders

  • Decision of the Court of Appeal affirmed
  • County Court Judge's assessment of probable earnings upheld