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.