We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

SHORT v. J. & W. HENDERSON, LTD.

Lloyd's Law Reports

SHORT v. J. & W. HENDERSON, LTD.

(1945) 79 Ll.L.Rep. 271

HOUSE OF LORDS.

Before Lord Thankerton, Lord Wright, Lord Macmillan, Lord Simonds and Lord Uthwatt.

Workmen's compensation - Workman - Contract of service-Nature of employment- Injuries sustained by dock labourer while engaged in discharging cement from ship at Campbeltown-Claim for compensation brought against H. Ltd., purchasers of cement for resale at Campbeltown - H. Ltd. responsible for discharge-M. acting as agents of H. Ltd. to attend to discharge -Dock labourers engaged by M. under group system by which work was allotted in rotation - Work paid for at tonnage rate agreed with union secretary (working dock labourer), lump sum earnings being divided equally between men employed, irrespective of individual occupation - Lump sum earnings paid by M., who also stamped national health and unemployment insurance cards, deducted dock labourers' contributions from wages and received employers' contributions from H. Ltd. - Arbitration - Whether claimant working under contract of service with H. Ltd. or as member of joint stevedoring adventure - Award of compensation by learned Sheriff-Substitute-Case stated- Award recalled by Court of Session- Appeal by claimant-Whether arbitrator misdirected himself as to the essentials of a contract of service - Consideration of relationship between claimant and H. Ltd. -Superintendence and control-Incidence of national health insurance contributions.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click login button.

Login