Drennan and Others v. The Associated Ironmoulders of Scotland [1920] ScotLR 146 (25 November 1920)

Drennan and Others v. The Associated Ironmoulders of Scotland [1920] ScotLR 146 (25 November 1920)

The pursuers set forth no patrimonial interest other than an unenforceable fine; the resolution imposing the fine is a nullity under section 4 of the Trade Union Act 1871 and cannot be enforced; the action is irrelevant and must be dismissed; arbitration clause does not apply as no written agreement to arbitrate was made.

Citation
[1920] ScotLR 146
Parties
Pursuer: John Drennan and Others; Defender: The Associated Ironmoulders of Scotland (later National Union of Foundry Workers of Great Britain and Ireland)
Jurisdiction
Scotland
Judgment Date
25 November 1920
Procedural Posture
Civil Action for Declarator, Reduction, and Interdict / Inner House Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Action dismissed as irrelevant; interlocutor recalled only insofar as it sustained the arbitration plea; otherwise adhered.
Legal Topics
Trade Union Fines, Jurisdiction, Arbitration Clauses, Ultra Vires Resolutions, Natural Justice
Labour Law Trade Union Law Civil Procedure Trade Union Fines Jurisdiction Arbitration Clauses Ultra Vires Resolutions Natural Justice

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 5 Authorities cited 27 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Drennan and Others

Pursuer

The Associated Ironmoulders of Scotland (later National Union of Foundry Workers of Great Britain and Ireland)

Defender

Procedural Posture

Civil Action for Declarator, Reduction, and Interdict / Inner House Appeal (reclaiming Note) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a trade union resolution imposing fines on members for working contrary to a shop vote is ultra vires and void
  2. 2 Whether the court has jurisdiction to entertain the action given section 4 of the Trade Union Act 1871
  3. 3 Whether the arbitration clause in the union rules excludes court proceedings

Ratio Decidendi

The pursuers set forth no patrimonial interest other than an unenforceable fine; the resolution imposing the fine is a nullity under section 4 of the Trade Union Act 1871 and cannot be enforced; the action is irrelevant and must be dismissed; arbitration clause does not apply as no written agreement to arbitrate was made.

Court Disposition

Action dismissed as irrelevant; interlocutor recalled only insofar as it sustained the arbitration plea; otherwise adhered.

Orders

  • Action dismissed
  • Interlocutor of Lord Ordinary recalled in part (arbitration plea)