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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Slavin v. Train & Taylor [1912] ScotLR 577 (20 March 1912)
URL: http://www.bailii.org/scot/cases/ScotCS/1912/49SLR0577.html
Cite as: [1912] ScotLR 577, [1912] SLR 577
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SCOTTISH_SLR_Court_of_Session
Page: 577↓
Court of Session Inner House First Division.
v.
(Ante, p. 93.)
Facts:
A workman raised an action of damages against his employers, in which the defenders obtained the verdict and a bill of exceptions was refused. On the defenders moving the Court to apply the verdict the workman moved the Court to assess the compensation to which he was entitled under the Workmen's Compensation Act 1906. Thereafter the parties adjusted the amount of compensation, and the workman accordingly moved the Court to assess the compensation at the adjusted rate.
The Court made an award of compensation at the adjusted figure, under deduction always of the defenders' account of expenses, and found the pursuer entitled to the expense of obtaining the award, modified at £5, 5s.
The Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58), sec. 1 (4), is quoted in the previous report.
Peter Slavin, Trongate, Glasgow, pursuer, raised an action against Train & Taylor, contractors, Rutherglen, defenders, for payment of £500 as damages for personal injury sustained by him while in their employment.
The facts of the case, and the procedure therein up to the advising of 24th November 1911, appear in the previous report of the case (see page 93).
Thereafter the pursuer presented to the Lord President a note, which, after narrating the procedure up to the advising of 24th November, proceeded—“Thereafter certain negotiations took place between the parties on the basis of the medical and other evidence led in the principal case and of the pursuer's earnings, as the result of which the compensation payable to him has now been arranged and a joint-minute has been prepared and lodged, and parties desire your Lordship without further remit to assess such compensation at the rate of 10s. per week, dating such compensation from 6th August 1910.
“May it therefore please your Lordships to pronounce an interlocutor assessing the compensation due to the pursuer under the Workmen's Compensation Act 1906 at the rate of 10s. per week from 6th August 1910, the date of the accident to the pursuer, under deduction always of the amount
Page: 578↓
of the defenders' account of expenses in the action as taxed, and further, to grant a certificate of the compensation so awarded, and of the Court's directions as to deduction of expenses in accordance with the terms of the said Act, and to do further or otherwise in the premises as to your Lordships may seem necessary.”
On 20th March the Court (
“The Lords, including the Lord President, who presided at the trial, having heard counsel for the parties on the bill of exceptions, disallow the exceptions; of consent apply the verdict of the jury, and in respect thereof dismiss the action and decern: Find the defenders entitled to expenses, and remit the account thereof to the Auditor to tax and to report: Further, having heard counsel for the parties, on the motion for the pursuer for a finding and award under the Workmen's Compensation Act 1906, find that the pursuer is entitled to compensation under said Act, interpone authority to the joint-minute for the parties … and in terms thereof make an award of compensation in favour of the pursuer for the sum of 10s. per week from 6th August 1910, under deduction always of the amount of the defenders' account of expenses above found due, as the same shall be taxed: Appoint a certified copy of this interlocutor to be issued as a certificate of the above award within the meaning and intent of section 1 (4) of the said Act: Find the pursuer entitled to the expense of obtaining the above award, and decern against the defenders for the sum of £5, 5s. as the modified amount thereof.”
Counsel for the Pursuer— Munro, K.C.— A. M. Mackay. Agents— St Clair Swanson & Manson, W.S.
Counsel for the Defenders— Crabb Watt, K.C.— C. H. Brown. Agents— Inglis, Orr, & Bruce, W.S.