Rattray and Others v. Corporation of Glasgow [1921] ScotLR 406 (12 March 1921)

Rattray and Others v. Corporation of Glasgow [1921] ScotLR 406 (12 March 1921)

The Court held that only those churches whose decrees of erection expressly imposed an obligation to provide a 'competent and legal stipend not under' a certain sum are entitled to seek augmentation as circumstances require. Where the obligation was to pay a stipend 'of' a fixed sum, or where no such decree exists, the obligation is taxative and not subject to increase. Past augmentations and equal treatment do not create a legal right to further increases. Accordingly, actions by ministers of churches without such qualifying decrees were dismissed; actions by ministers with qualifying decrees were allowed to proceed on the declaratory conclusions only.

Citation
[1921] ScotLR 406
Parties
Pursuers: Rev. William Rattray, Rev. David Fraser Liddle, Rev. Gordon Quig, Rev. Duncan Alexander Cameron Reid, Rev. Archibald Maclaren, Rev. Andrew James Campbell, Rev. John D. Glass; Defenders: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
12 March 1921
Procedural Posture
Civil / Appeal (reclaiming Notes) From Lord Ordinary's Interlocutors
Outcome
Actions by ministers of Tron, Blackfriars, St Paul's, and St George's Churches dismissed; actions by ministers of St Enoch's, St John's, and St James' Churches allowed to proceed on declaratory conclusions only.
Legal Topics
Ministerial Stipends, Obligations of Municipal Corporations, Interpretation of Decrees of Erection, Judicial Contracts, Augmentation of Stipends
Ecclesiastical Law Contract Law Public Law Ministerial Stipends Obligations of Municipal Corporations Interpretation of Decrees of Erection Judicial Contracts Augmentation of Stipends

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rev. William Rattray, Rev. David Fraser Liddle, Rev. Gordon Quig, Rev. Duncan Alexander Cameron Reid, Rev. Archibald Maclaren, Rev. Andrew James Campbell, Rev. John D. Glass

Pursuers

Corporation of the City of Glasgow

Defenders

Procedural Posture

Civil / Appeal (reclaiming Notes) From Lord Ordinary's Interlocutors

Legal Issues

  1. 1 Whether the Corporation of Glasgow is under a legal obligation to provide ministers of certain city churches with a 'competent and legal stipend' subject to augmentation as circumstances require.
  2. 2 Whether the relevant charters, bonds, and decrees of erection impose a fixed or variable obligation regarding stipend.
  3. 3 Whether past augmentations and equal treatment of ministers create a binding legal obligation.

Ratio Decidendi

The Court held that only those churches whose decrees of erection expressly imposed an obligation to provide a 'competent and legal stipend not under' a certain sum are entitled to seek augmentation as circumstances require. Where the obligation was to pay a stipend 'of' a fixed sum, or where no such decree exists, the obligation is taxative and not subject to increase. Past augmentations and equal treatment do not create a legal right to further increases. Accordingly, actions by ministers of churches without such qualifying decrees were dismissed; actions by ministers with qualifying decrees were allowed to proceed on the declaratory conclusions only.

Court Disposition

Actions by ministers of Tron, Blackfriars, St Paul's, and St George's Churches dismissed; actions by ministers of St Enoch's, St John's, and St James' Churches allowed to proceed on declaratory conclusions only.

Orders

  • Refusal of reclaiming notes for Tron, Blackfriars, St Paul's, and St George's Churches; actions dismissed.
  • Refusal of reclaiming notes for St Enoch's, St John's, and St James' Churches; declaratory conclusions sustained; causes to be enrolled for hearing on petitory conclusions.