Norris v Harrington

• Jurisdiction: Ireland
• Judgment Date: 12 October 1944
• Date: 12 October 1944
• Court: Supreme Court

(S.C.),

Norris

and

Harrington

-Rectification of register - Application to rectify by striking out entire entry - Whether entry improperly made -Applicant injured in the course of his employment - Voluntary weekly payments made by employer - No admission of liability - No agreement registered as to amount of weekly payments -Applicant agreeing to release respondent from liability on payment of lump sum - Weekly payments terminated by written agreement on payment of such sum - Written agreement registered by County Registrar in register of agreements -Applicant applying subsequently to rectify register by striking out note as to agreement -Agreement improperly registered - Meaning of "rectification" - Workmen's Compensation Act, 1934, ss. 47, 48, 49, 50, 51 and 59.

The applicant was injured in 1938 while in the employment of the respondent. For a period of forty weeks from the date of the accident, weekly payments were made to him by the respondent at the full rate to which he would have been entitled under the Workmen's Compensation Act. No agreement was ever registered as to such weekly payments nor was any payment fixed by the Court. At the end of forty weeks the applicant and the respondent entered into a written agreement whereby the applicant agreed to accept the sum of £150 in full settlement of all his claims against the respondent under the Workmen's Compensation Act. This agreement, which contained no admission of liability by the respondent, was registered by the County Registrar in the register of agreements. In 1944 an application was made by the applicant to the Circuit Court Judge to rectify the register of agreements by the deletion of the entire entry relating to this agreement on the ground that it was not an agreement which...