KEVIN BROWN AGAINST THE SHORE PORTERS' SOCIETY OF ABERDEEN & OTHERS; ALAN DAVIDSON AGAINST THE SHORE PORTERS' SOCIETY OF ABERDEEN & OTHERS; SEAN SIMPSON AGAINST THE SHORE PORTERS' SOCIETY OF ABERDEEN & OTHERS [2021] ScotCS CSOH_25 (10 March 2021)

KEVIN BROWN AGAINST THE SHORE PORTERS' SOCIETY OF ABERDEEN & OTHERS; ALAN DAVIDSON AGAINST THE SHORE PORTERS' SOCIETY OF ABERDEEN & OTHERS; SEAN SIMPSON AGAINST THE SHORE PORTERS' SOCIETY OF ABERDEEN & OTHERS [2021] ScotCS CSOH_25 (10 March 2021)

The grounds for expulsion in rule 16 are concerned with the conduct of working members only. However, the power of expulsion is exercisable in relation to a member for conduct committed as a working member, even if the expulsion is effected after the member has become superannuated, provided the conduct criterion is not satisfied. There is no immunity from expulsion merely by attaining superannuated status if expellable conduct as a working member is established.

Citation
[2021] ScotCS CSOH_25
Parties
Pursuer: Kevin Brown; Pursuer: Alan Davidson; Pursuer: Sean Simpson; Defender: The Shore Porters' Society of Aberdeen & Others
Jurisdiction
Scotland
Judgment Date
10 March 2021
Procedural Posture
Civil Action (multiple Conjoined Actions) / Debate on Relevancy (preliminary Issue)
Outcome
Declarator refused on the first issue; power of expulsion extends to conduct as a working member, even if discovered after superannuation.
Legal Topics
Interpretation of Unincorporated Association Rules, Expulsion of Members, Superannuation Rights, Benevolent Society Governance
Contract Law Association Law Trusts and Estates Interpretation of Unincorporated Association Rules Expulsion of Members Superannuation Rights Benevolent Society Governance

Case Brief

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Parties

Kevin Brown

Pursuer

Alan Davidson

Pursuer

Sean Simpson

Pursuer

The Shore Porters' Society of Aberdeen & Others

Defender

Procedural Posture

Civil Action (multiple Conjoined Actions) / Debate on Relevancy (preliminary Issue)

Legal Issues

  1. 1 Does the power of expulsion in rule 16 of the Society's Rules apply only to working members or also to superannuated members?
  2. 2 Is the power of expulsion exercisable after a member has become superannuated, for conduct committed while a working member?

Ratio Decidendi

The grounds for expulsion in rule 16 are concerned with the conduct of working members only. However, the power of expulsion is exercisable in relation to a member for conduct committed as a working member, even if the expulsion is effected after the member has become superannuated, provided the conduct criterion is not satisfied. There is no immunity from expulsion merely by attaining superannuated status if expellable conduct as a working member is established.

Court Disposition

Declarator refused on the first issue; power of expulsion extends to conduct as a working member, even if discovered after superannuation.

Orders

  • Case put out by order for discussion of interlocutor to give effect to the ruling and to address the outstanding amendment on the second issue.
  • All questions of expenses reserved.