Finlay v. The Royal Liver Friendly Society [1901] ScotLR 39_23 (25 October 1901)

Finlay v. The Royal Liver Friendly Society [1901] ScotLR 39_23 (25 October 1901)

The pursuer was barred from bringing the action in court as he failed to exhaust the internal appeal mechanism provided by the Society's rules, as required by section 68 of the Friendly Societies Act 1896. Additionally, the collector had no property right in the collecting book, and the Society was under no obligation to accept or consider further nominations for a successor.

Citation
[1901] ScotLR 39_23
Parties
Pursuer: Crawford Finlay; Defenders: Hon. Edward Lyulph Stanley and others, trustees and officebearers of the Royal Liver Friendly Society
Jurisdiction
Scotland
Judgment Date
25 October 1901
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal sustained; action dismissed; defenders assoilzied
Legal Topics
Friendly Societies, Exclusive Jurisdiction, Dismissal of Collector, Internal Dispute Resolution
Employment Law Contract Law Society Law Friendly Societies Exclusive Jurisdiction Dismissal of Collector Internal Dispute Resolution

Case Brief

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Parties

Crawford Finlay

Pursuer

Hon. Edward Lyulph Stanley and others, trustees and officebearers of the Royal Liver Friendly Society

Defenders

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the court had jurisdiction to entertain the action in light of the Friendly Societies Act 1896 and the Society's rules
  2. 2 Whether the pursuer was entitled to damages for dismissal and deprivation of the right to nominate a successor

Ratio Decidendi

The pursuer was barred from bringing the action in court as he failed to exhaust the internal appeal mechanism provided by the Society's rules, as required by section 68 of the Friendly Societies Act 1896. Additionally, the collector had no property right in the collecting book, and the Society was under no obligation to accept or consider further nominations for a successor.

Court Disposition

appeal sustained; action dismissed; defenders assoilzied

Orders

  • Recall the interlocutor of the Sheriff-Substitute.
  • Assoilzie the defenders from the conclusions of the action.