Wilkie v. King [1911] ScotLR 1057 (22 July 1911)

Wilkie v. King [1911] ScotLR 1057 (22 July 1911)

An action to recover accident bonus benefit paid under a separate memorandum of agreement is competent and not barred by section 4 of the Trade Union Act 1871, as it does not constitute an action for enforcing an agreement for the application of union funds to provide benefits to members.

Citation
[1911] ScotLR 1057
Parties
Pursuer: Alexander Wilkie, Newcastle-on-Tyne, as General Secretary of The Ship-constructive and Shipwrights' Association (formerly The Associated Shipwrights' Society); Defender: Alexander King, shipwright, Saltcoats
Jurisdiction
Scotland
Judgment Date
22 July 1911
Procedural Posture
Action for Refund of Accident Bonus Benefit / Appeal From Sheriff Court at Glasgow
Outcome
Appeal sustained; interlocutor of Sheriff-Substitute recalled; first plea-in-law of defender repelled; cause remitted to Sheriff-Substitute.
Legal Topics
Trade Union Benefits, Enforcement of Trade Union Agreements, Trade Union Act 1871, Section 4, Competency of Actions for Refund
Labour Law Contract Law Trade Union Benefits Enforcement of Trade Union Agreements Trade Union Act 1871, Section 4 Competency of Actions for Refund

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Parties

Alexander Wilkie, Newcastle-on-Tyne, as General Secretary of The Ship-constructive and Shipwrights' Association (formerly The Associated Shipwrights' Society)

Pursuer

Alexander King, shipwright, Saltcoats

Defender

Procedural Posture

Action for Refund of Accident Bonus Benefit / Appeal From Sheriff Court at Glasgow

Legal Issues

  1. 1 Is an action by a trade union to recover accident bonus benefit from a member competent under section 4 of the Trade Union Act 1871?
  2. 2 Does the agreement to refund constitute an enforceable contract separate from the rules of the union?

Ratio Decidendi

An action to recover accident bonus benefit paid under a separate memorandum of agreement is competent and not barred by section 4 of the Trade Union Act 1871, as it does not constitute an action for enforcing an agreement for the application of union funds to provide benefits to members.

Court Disposition

Appeal sustained; interlocutor of Sheriff-Substitute recalled; first plea-in-law of defender repelled; cause remitted to Sheriff-Substitute.

Orders

  • Recall interlocutor of Sheriff-Substitute dismissing action.
  • Repel first plea-in-law of defender.