United Kingdom House of Lords Decisions

There was an arbitration under the Workmen's Compensation Act 1897 in respect of an accident which happened before the Act of 1906 came into operation. Under the old Act of 1897 there was no appeal to the House of Lords at all, and therefore, if it had not been for the particular interval of time during which this question has arisen, there could have been no pretence for saying that there was an appeal to this House—that has been decided. But then comes the Act of 1906. Now the effect of the Act of 1906 is that an appeal to this House is given in cases which come within that Act. But there is also something further in the Act of 1906. The Act of 1906 in effect provides that “so far as it relates to references to medical referees and proceedings consequential thereon,” the Act of 1906 is to apply at once, that is to say, immediately upon its passing, before the month of July 1907 at which the whole Act came into effect.

In this arbitration a point did arise in regard to a reference to a medical referee; it was referred to a medical referee who made his report, and that report was acted upon by the Sheriff; and it is now said that because there was a reference under the Act of 1906 in the case of an arbitration which arose under the Act of 1897, the effect is to draw to that arbitration the power of appeal to this House which did not exist in respect of the arbitration as it originally was commenced.

I cannot entertain the view that that is right. In my opinion accidents which happened before the Act of 1906 came into effect were governed and are governed by the Act of 1897 in regard to all their incidents excepting “so far as relates to references to medical referees, and to proceedings consequential thereon. “I cannot think that “proceedings consequential thereon”—proceedings following upon a reference—include a judgment of the Court of Session; and accordingly, in my opinion, the contention that the power of appeal is constructively attached to a pending arbitration, by virtue of those words in the statute of 1906, cannot be supported, and the jurisdiction of this House does not exist. Accordingly this appeal will have to be dismissed, and I move your Lordships accordingly.

Lord Atkinson—I agree.

Lord Gorell—I concur.

Lord Shaw—I also concur.