Collins v. Barrowfield Lodge of Oddfellows Friendly Society [1914] ScotLR 388 (02 December 1914)

Collins v. Barrowfield Lodge of Oddfellows Friendly Society [1914] ScotLR 388 (02 December 1914)

The court held that the action was competent because the pursuer had a binding decision from the district committee reinstating him as a member, and the court was empowered by statute to enforce such a decision. The prior case of Gall was distinguished as it concerned an inoperative decree, whereas here the decree sought was operative and enforceable.

Citation
[1905] AC 78
Parties
Pursuer: Henry Collins; Defenders: John Morrison and others, trustees of Barrowfield Lodge No. 24 Branch of the West of Scotland District of the Caledonian Order of United Oddfellows Friendly Society
Jurisdiction
Scotland
Judgment Date
02 December 1914
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
appeal allowed; interlocutor of Sheriff-Substitute recalled; decree granted in terms of first alternative claim
Legal Topics
Friendly Societies, Expulsion of Members, Enforcement of Domestic Tribunal Decisions, Statutory Interpretation
Civil Procedure Association Law Social Security Law Friendly Societies Expulsion of Members Enforcement of Domestic Tribunal Decisions Statutory Interpretation

Case Brief

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Parties

Henry Collins

Pursuer

John Morrison and others, trustees of Barrowfield Lodge No. 24 Branch of the West of Scotland District of the Caledonian Order of United Oddfellows Friendly Society

Defenders

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether a court of law is competent to enforce a decision of a domestic tribunal of a friendly society reinstating a member.
  2. 2 Whether the pursuer is entitled to declarator of membership and payment of sick benefit after successful appeal to the district committee.

Ratio Decidendi

The court held that the action was competent because the pursuer had a binding decision from the district committee reinstating him as a member, and the court was empowered by statute to enforce such a decision. The prior case of Gall was distinguished as it concerned an inoperative decree, whereas here the decree sought was operative and enforceable.

Court Disposition

appeal allowed; interlocutor of Sheriff-Substitute recalled; decree granted in terms of first alternative claim

Orders

  • Declarator that pursuer is a member of the Lodge and entitled to benefits attaching to membership, including sick benefit.