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Mallon v Wolfhill Spinning Company

Irish Law Times Reports (Digests) Cited authorities 6 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1930
Date01 January 1930
CourtRecorder’s Court (Northern Ireland)
Rec. Ct., N.I.
Mallon
and
Wolfhill Spinning Company

Reference to medical referee - Scope of reference - Powers to amend proceedings by - Workmen's Compensation Act, 1906 (6 Edw. VII, c. 58), Sched. 1 (14) - Workmen's Compensation Act, 1925 (15 16 Geo. V, c. 84), ss. 12, 19 - Workmen's Compensation Act (Northern Ireland), 1927 (17 18 Geo. V, c. 16), ss. 12, 19.

The employers applied to the Clerk of the Peace for a reference to the medical referee under s. 12 of the Workmen's Compensation Act, 1925, which did not apply to Northern Ireland. The Clerk of the Peace made an order referring the matter to the medical referee. The workman appealed to Quarter Sessions on the grounds (a) that the Clerk of the Peace had no jurisdiction to make a reference since the proceedings were begun under the English Act of 1925; (b) that the reference was purported to be made under s. 12 of the Workmen's Compensation Act (Northern Ireland), 1927; whereas the workman had not served a contradictory medical certificate on the respondents on receipt of the medical certificate from the respondents and the notice terminating his compensation: (c) that the question between the parties raised matters of fact that were not wholly medical. Held, that the Clerk of the Peace had in fact made his order, under s. 19 of the...

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