Haggarty v Scottish TGWU [1954] ScotCS CSIH_6 (02 December 1954)

Haggarty v Scottish TGWU [1954] ScotCS CSIH_6 (02 December 1954)

The condictio indebiti is available for recovery of money paid under mistake, but as it is an equitable remedy, the court must consider whether it would be inequitable for the union to retain the money. The case is remitted for proof on the equities.

Citation
[1954] ScotCS CSIH_6
Parties
Pursuer: Haggarty; Defender: Scottish Transport and General Workers Union
Jurisdiction
Scotland
Judgment Date
02 December 1954
Procedural Posture
Civil Appeal / Remit for Proof on Equities
Outcome
remitted for proof on equities
Legal Topics
Condictio Indebiti, Money Paid Under Mistake, Ultra Vires Membership, Equitable Remedies
Restitution Contract Law Equity Condictio Indebiti Money Paid Under Mistake Ultra Vires Membership Equitable Remedies

Case Brief

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Parties

Haggarty

Pursuer

Scottish Transport and General Workers Union

Defender

Procedural Posture

Civil Appeal / Remit for Proof on Equities

Legal Issues

  1. 1 Whether the pursuer is entitled to recover payments made to the union under the mistaken belief of membership
  2. 2 Whether the condictio indebiti is the appropriate remedy
  3. 3 Whether it is equitable for the union to retain the payments

Ratio Decidendi

The condictio indebiti is available for recovery of money paid under mistake, but as it is an equitable remedy, the court must consider whether it would be inequitable for the union to retain the money. The case is remitted for proof on the equities.

Court Disposition

remitted for proof on equities

Orders

  • Remit the case to the Sheriff to allow proof on the equities and to determine whether, in whole or in part, the union should retain the payments.