Mackenzie v. The Iron Trades Employers' Insurance Association Ltd [1909] ScotLR 103 (19 November 1909)

Mackenzie v. The Iron Trades Employers' Insurance Association Ltd [1909] ScotLR 103 (19 November 1909)

The pursuer failed to aver any illegal means or breach of contract by the defenders in issuing lists of workmen not to be employed. The mere exercise by the insurance company of its right to refuse to insure certain risks, even if it results in a workman's non-employment, does not constitute an actionable wrong. The pursuer's averments were therefore irrelevant and insufficient to entitle him to inquiry or damages.

Citation
[1909] ScotLR 103
Parties
Pursuer (reclaimer): David Mackenzie; Defender (respondent): The Iron Trades Employers' Insurance Association Limited
Jurisdiction
Scotland
Judgment Date
19 November 1909
Procedural Posture
Civil (reparation/damages) / Appeal (reclaiming Motion) From Dismissal on Relevancy
Outcome
action dismissed as irrelevant; court adhered to Lord Ordinary's decision
Legal Topics
Inducing Non Employment, Master and Servant, Reparation, Freedom of Contract, Illegal Means, Workmen's Compensation
Tort Labour Law Insurance Law Inducing Non Employment Master and Servant Reparation Freedom of Contract Illegal Means +1 more

Case Brief

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Parties

David Mackenzie

Pursuer (reclaimer)

The Iron Trades Employers' Insurance Association Limited

Defender (respondent)

Procedural Posture

Civil (reparation/damages) / Appeal (reclaiming Motion) From Dismissal on Relevancy

Legal Issues

  1. 1 Whether an insurance company's issuance of lists of workmen not to be employed, resulting in a workman's dismissal or non-employment, constitutes an actionable wrong in the absence of averment of illegal means or breach of contract.
  2. 2 Whether the pursuer's averments are relevant to entitle him to inquiry or damages.

Ratio Decidendi

The pursuer failed to aver any illegal means or breach of contract by the defenders in issuing lists of workmen not to be employed. The mere exercise by the insurance company of its right to refuse to insure certain risks, even if it results in a workman's non-employment, does not constitute an actionable wrong. The pursuer's averments were therefore irrelevant and insufficient to entitle him to inquiry or damages.

Court Disposition

action dismissed as irrelevant; court adhered to Lord Ordinary's decision

Orders

  • Action dismissed with expenses to the defenders.