(1) When application is made for the settlement of any matter which under the Act is to be settled by arbitration the party making such application shall be called the “Applicant,” and, subject to these Regulations, all other persons whose presence at the arbitration may be necessary to enable the judge or arbitrator effectively and completely to adjudicate upon and settle all the questions involved shall be made parties to the application, and shall be called the “Respondents.”
Cf. Eng. r. 2 (2).
(2) In any case in which both, the principal contractor and a contractor with him are alleged to be liable to pay compensation under the Act, all persons may be joined as respondents against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative.
Joinder of several applicants.
Cf. Eng. r. 3.
More persons than one may be joined as applicants in one arbitration in any case in which any right to any relief arising out of the same injury to the same seaman is alleged to exist, whether jointly, severally, or in the alternative, provided that the judge or arbitrator upon the application of any respondent, if it appear to him that the joinder may embarrass or delay the proceedings, may order separate hearings.
Applications by–dependants for settlement of compensation.
Eng. r. 4 (1).
(1) An application on behalf of the dependants of a deceased seaman for the settlement by arbitration of the amount payable as compensation to such dependants may be made by the legal personal representative (if any) of the deceased seaman on behalf of the dependants or by the dependants themselves, and in either case the particulars to be filed as hereinafter mentioned shall contain particulars as to the dependants on whose behalf the application is made:
Eng. r. 4 (2).
Provided that, if there be any conflict of interest between the dependants themselves or if any dependants neglect or refuse to join in an application, the application may be made by or on behalf of some only of the dependants, the other dependants in either case being named as respondents.
Eng. r. 4 (3).
(2) In the construction of this regulation the term “dependants” shall include persons who claim or may be entitled to claim to be dependants but as to whose claim to rank as dependants any question arises.
Application by dependants under Act, First Schedule, paragraph (8), where amount of compensation agreed upon or ascertained.
Eng. 5 (1).
Division Div 1 - Seamen's Compensation Regulations - Applications for Arbitration. | Zoe
(1) In any case in which the amount payable as compensation to the dependants of a deceased seaman has been agreed upon or ascertained, but any question arises as to who are dependants, or as to the amount payable to each dependant, an application for the settlement of such question by arbitration may be made either by the legal personal representative (if any) of the deceased seaman on behalf of the dependants or any of them, or by the dependants or any of them, against the other dependants, and the persons claiming or who may be entitled to claim to be dependants, but as to whose claim to rank as such a question arises; or such application may be made by the persons claiming to be dependants, but as to whose claim to rank as such a question arises, or any of them, against the legal personal representative
(if any) of the deceased seaman and the dependants, and such of the persons claiming or who may be entitled to claim to be dependants as are not applicants.
Eng. r. 5 (2).
(2) In any such case, if the employer has paid the agreed or ascertained amount of compensation, it shall not be necessary to make him a respondent, but if the compensation or any part therof is still in his hands he shall be made a respondent.
Eng. r. 5 (3).
(3) The employer, if made a respondent, may pay the amount of compensation in his hands into the County Court in the place in which the proceedings have been commenced, to be dealt with as the judge or arbitrator directs, and thereupon further proceedings against him shall be stayed.
Application by prescribed authority for arbitration.
7a. (1) Where any sum has been paid by an employer to the prescribed authority as the compensation payable to the dependants of a deceased seaman, all questions arising under the Act in respect of such compensation may be determined by arbitration before a Judge under this regulation.
(2) The application for arbitration shall be made and signed by the prescribed authority and shall be filed with the Registrar.
(3) The application shall be intituled in the matter of the Act and in the matter of the arbitration and shall state concisely the questions to be determined.
(4) Particulars shall be appended or annexed to the application containing—
(a) a concise statement of the circumstances under which the application is made;
(b) the names and addresses of the employer and of all persons who appear to the prescribed authority to be dependants of the seaman;
(c) the amount paid to the prescribed authority as compensation;
(d) the amounts (if any) paid by the prescribed authority as advances in payment or part payment of compensation to or for the benefit of persons appearing to be dependants of the seaman; and
(e) any other matters deemed by the prescribed authority relevant to the application.
(5) After the application has been filed with the Registrar, the Judge may on the request of the prescribed authority—
(a) direct upon whom, in what manner, and at what times notice and copies of the application and particulars shall be served;
(b) appoint the place of hearing and the day and hour for proceeding with the arbitration; and
(c) give directions as to any other matter relative to the application.
(6) The day for proceeding shall be so fixed as to allow for documents being served at least twenty clear days before the day fixed.
(7) The notice of the application shall be signed by the Registrar and shall state—
(a) the place at which and the day on and hour at which the arbitration will be proceeded with;
(b) that if the person to whom the notice is addressed does not attend in person or by his solicitor such order will be made and proceedings taken as the Judge thinks just and expedient; and
(c) any other matter directed by the Judge to be stated therein.
(8) The Judge shall in his award have regard to all amounts paid by the prescribed authority as advances in payment or part payment of compensation to or for the benefit of dependants of the seaman and shall direct against whose share and in what proportion such amounts shall be debited.
(9) No order for costs shall be made against the prescribed authority in any proceeding under this regulation.
(10) Subject to this regulation the provisions of this Part of these Regulations shall apply as far as applicable to proceedings under this regulation.
Parties to arbitration as to sum payable for medical attendance and burial. Act, First Schedule, par. (1) (a) (iii).
Eng. r. 6.
(1) An application for the settlement by arbitration of the sum payable in respect of medical attendance on and the burial of a deceased seaman, who leaves no dependants, shall be made by the legal personal representative (if any) of the deceased seaman.
(2) If there is no legal personal representative, the application may be made by any person, to whom any such expenses are due, and any other person known to the applicant as a person to whom any such expenses are due shall be joined in the application, either as an applicant or respondent.
Apportionment of such sum.
(3) In any case in which, application is made for the settlement by arbitration of the amount payable in respect of medical attendance on and the burial of a deceased seaman, the amount awarded, if insufficient for the payment of the expenses in full, shall be apportioned between the persons to whom the expenses are due in such manner as the judge or arbitrator directs.
Rules of Court to apply to arbitration proceedings.
Eng. r. 7.
The provisions of the Rules for the time being of the County Courts of the places in which the proceedings have been commenced as to parties suing or defending on behalf of other persons having the same interest, and the provisions of those Rules as to persons under disability and partners suing and being sued shall, with the necessary modifications, apply to proceedings by way of arbitration under the Act.
Requests for arbitration.
Eng. r. 8.
(1) Where any question has arisen and has not been settled by agreement, an application for the settlement of the matter by arbitration shall be made by the applicant filing with the Registrar a request for arbitration, intituled in the matter of the Act and in the matter of the arbitration, which request shall state concisely the subject-matter of the claim.
Particulars.
(2) Particulars shall be appended or annexed to the request containing—
(a) A concise statement of the circumstances under which the application is made, and the relief or order which the applicant claims:
(b) The date of service of notice of the accident on the employer, or, if such notice has not been served, the reason for such omission:
(c) In cases of a seaman lost with his ship the date on which the ship was lost or is deemed to have been lost:
(d) The full names and addresses of the respondents and of the applicant and of his solicitor, if the proceedings are commenced through a solicitor.
Forms of request and particulars.
Eng. r. 9,
(1) The request and particulars may be in accordance with such one of the forms in the Schedule as shall be applicable to the case, with such modifications as the nature of the case requires.
(2) A copy of the notice of the accident shall be appended or annexed to the particulars, and if a copy of such notice is not so appended or annexed the reason for the omission shall be stated in the particulars.
Application by employer.
Eng. r. 10
(1) Where an employer on whom a claim for compensation has been made desires to make an application for the settlement of any matter by arbitration, he shall file with the Registrar a request for arbitration in accordance with regulation 10, to which the seaman or the legal personal representative (if any) and the persons claiming or who may be entitled to claim to be dependants of a deceased seaman, or the other person (as the case may be) on whose behalf the claim was made, shall be respondents.
(2) Particulars shall be appended or annexed to the request containing—
(a) a concise statement of the circumstances under which the application is made;
(b) a statement whether the applicant admits his liability to pay compensation, or denies such liability, wholly or partially, with (in the latter case) a statement of the grounds on and extent to which he denies liability;
(c) a statement of the matters which the applicant desires to have settled by arbitration; and
(d) the full names and addresses of the respondents and of the applicant, and of his solicitor, if the proceedings are commenced by a solicitor.
Copies for judge or magistrate and for respondents.
Eng. r. 11.
The applicant shall deliver to the Registrar with the request and particulars a copy thereof for the judge or arbitrator, a copy for each respondent to be served, and a copy for the prescribed authority.
Where applicant illiterate.
Eng. r. 12.
Where the applicant is illiterate and unable to furnish the required information in writing, the request and particulars and copies shall be filled up by the Registrar or his clerk.