The Performing Right Society, Ltd v. Magistrates of Edinburgh [1922] ScotLR 194 (07 January 1922)

The Performing Right Society, Ltd v. Magistrates of Edinburgh [1922] ScotLR 194 (07 January 1922)

The Society is not a trade union within the meaning of the Trade Union Acts because its principal object is not to impose restrictive conditions on the conduct of trade but to enable members to jointly protect and exploit their copyright performing rights. The restrictions are ancillary and not the principal object. Therefore, its registration under the Companies Acts is valid and it has title to sue.

Citation
[1922] ScotLR 194
Parties
Pursuer: The Performing Right Society, Limited; Defender: Magistrates of Edinburgh (Provost, Magistrates, and Councillors of the City of Edinburgh)
Jurisdiction
Scotland
Judgment Date
07 January 1922
Procedural Posture
Civil / Appeal (reclaiming Motion) Against Lord Ordinary's Interlocutor
Outcome
Defenders' plea to title to sue repelled; interlocutor varied in form; proof allowed on averments, with certain averments excluded.
Legal Topics
Copyright, Restraint of Trade, Title to Sue, Trade Union Definition, Company Incorporation
Company Law Intellectual Property Trade Union Law Copyright Restraint of Trade Title to Sue Trade Union Definition Company Incorporation

Case Brief

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Parties

The Performing Right Society, Limited

Pursuer

Magistrates of Edinburgh (Provost, Magistrates, and Councillors of the City of Edinburgh)

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the Performing Right Society, Limited is a trade union within the meaning of the Trade Union Acts and thus incapable of registration under the Companies Acts and without title to sue.
  2. 2 Whether the Society's objects are in restraint of trade.

Ratio Decidendi

The Society is not a trade union within the meaning of the Trade Union Acts because its principal object is not to impose restrictive conditions on the conduct of trade but to enable members to jointly protect and exploit their copyright performing rights. The restrictions are ancillary and not the principal object. Therefore, its registration under the Companies Acts is valid and it has title to sue.

Court Disposition

Defenders' plea to title to sue repelled; interlocutor varied in form; proof allowed on averments, with certain averments excluded.

Orders

  • Repel defenders' pleas to pursuers' title to sue.
  • Vary Lord Ordinary's interlocutor to exclude certain averments from proof.