Kennedy v McGlure

• Jurisdiction: Ireland
• Judgment Date: 24 April 1942
• Date: 24 April 1942
• Court: Supreme Court

(S.C.),

Kennedy

and

McGlure

Jurisdiction - Workmen's Compensation Act, 1906 (6 Ed. 7, c. 58), Schedule II, Art. 4 - Workmen's Compensation Act, 1934 (No. 9 of 1934), s. 3 - Accident occurring before commencement of Act of 1934 - Award of compensation made under Act of 1906 - Employer applying subsequently to review and terminate weekly payment - Appeal from order of Circuit Court dismissing application - Jurisdiction of Supreme Court to hear appeal - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 18, 51 and 61 -Courts of Justice Act, 1936 (No. 48 of 1936), ss. 3, 30, 37 and 38.

A workman, who was injured as a result of an accident arising out of and in the course of his employment, obtained in the year 1932 an award in the Circuit Court under the Workmen's Compensation Act, 1906, of £1 per week on the basis of partial incapacity. In the year 1939 his employer applied under the Act to the Circuit Court to review and terminate the weekly payment. The application was dismissed by the Circuit Court and, on an appeal being taken to the Supreme Court, a preliminary objection was made on behalf of the workman to the jurisdiction of that Court to hear the...