Lloyd's Law Reports


(1945) 79 Ll.L.Rep. 35


Before Viscount Simon, Lord Russell of Killowen, Lord Macmillan, Lord Porter and Lord Simonds.

Workmen's compensation - Action against employer - Remedies independently of Workmen's Compensation Act, 1925 - Workman's option either to "claim compensation under this Act or take proceedings independently of this Act" -Meaning of "option"-Circumstances in which it must be concluded that workman has exercised his option - Accident to appellant-Unfenced machinery -Breach of statutory duty-Weekly payments made by employers-Common law claim subsequently brought-Findings of learned Commissioner that on and after Apr. 30, 1942, the appellant accepted the weekly payments knowing them to be made as compensation under the Act; that the appellant when he began to receive such payments did not know that he had an option under Sect. 29 (1) to choose between two alternative remedies; but that in July, 1942, he did become aware of that right, but nevertheless continued to draw compensation money; and that the appellant was accordingly debarred from afterwards suing at common law-Decision upheld by Court of Appeal, Court holding itself bound by its previous decisions in Perkins v. Hugh Stevenson & Sons, Ltd., [1941] 1 K.B. 56, and Selwood v. Townley Coal & Fireclay Company, Ltd., [1941] 1 K.B. 180.

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