Mackendrick v. National Union of Dock Labourers in Great Britain and Ireland [1910] ScotLR 17 (01 November 1910)

Mackendrick v. National Union of Dock Labourers in Great Britain and Ireland [1910] ScotLR 17 (01 November 1910)

The union is liable for obligations properly incurred by its branch in the course of union business, including the guarantee for legal costs to the branch's appointed law agent, as the branch had authority to appoint and employ the agent and the guarantee was not ultra vires under the union's rules. Rule XII(10) did not apply to the employment of a law agent, and the guarantee covered both professional charges and outlays, including those of correspondents.

Citation
[1910] ScotLR 17
Parties
Pursuer: Alexander B. Mackendrick; Defender: National Union of Dock Labourers in Great Britain and Ireland
Jurisdiction
Scotland
Judgment Date
01 November 1910
Procedural Posture
Civil / Appeal Judgment After Proof
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; defenders found liable to pursuer for costs, remit to Auditor to tax accounts.
Legal Topics
Trade Union Liability, Jurisdiction Over Foreign Registered Unions, Agency and Authority of Union Branches, Guarantee for Legal Costs, Interpretation of Union Rules
Labour Law Contract Law Agency Law Civil Procedure Trade Union Liability Jurisdiction Over Foreign Registered Unions Agency and Authority of Union Branches Guarantee for Legal Costs +1 more

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Parties

Alexander B. Mackendrick

Pursuer

National Union of Dock Labourers in Great Britain and Ireland

Defender

Procedural Posture

Civil / Appeal Judgment After Proof

Legal Issues

  1. 1 Is the National Union of Dock Labourers, registered in England but with branches in Scotland, subject to the jurisdiction of the Scottish courts?
  2. 2 Does a branch of a trade union have authority to bind the union to a guarantee for legal costs incurred by its appointed law agent?
  3. 3 Does the guarantee cover both professional charges and outlays, including those of correspondents?

Ratio Decidendi

The union is liable for obligations properly incurred by its branch in the course of union business, including the guarantee for legal costs to the branch's appointed law agent, as the branch had authority to appoint and employ the agent and the guarantee was not ultra vires under the union's rules. Rule XII(10) did not apply to the employment of a law agent, and the guarantee covered both professional charges and outlays, including those of correspondents.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; defenders found liable to pursuer for costs, remit to Auditor to tax accounts.

Orders

  • Recall Lord Ordinary's interlocutor
  • Repel all defenders' pleas-in-law except first and ninth