M'Gowan. v. City of Glasgow Friendly Society and Another [1913] ScotLR 783 (19 June 1913)

M'Gowan. v. City of Glasgow Friendly Society and Another [1913] ScotLR 783 (19 June 1913)

Where a member alleges a breach of society rules amounting to an unconstitutional act, the courts retain jurisdiction and the action is competent; reduction of the minute recording election is not required.

Citation
[1913] ScotLR 783
Parties
Pursuer: Arthur M'Gowan; Defender: City of Glasgow Friendly Society; Defender: Robert Pirie, M.D., and others, trustees of the Society; Defender: Alexander Boag
Jurisdiction
Scotland
Judgment Date
19 June 1913
Procedural Posture
Action of Declarator and Interdict / Appeal From Sheriff to Court of Session Inner House
Outcome
appeal allowed
Legal Topics
Jurisdiction, Arbitration, Friendly Societies, Constitutional Challenge, Reduction
Civil Procedure Association Law Jurisdiction Arbitration Friendly Societies Constitutional Challenge Reduction

Case Brief

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Parties

Arthur M'Gowan

Pursuer

City of Glasgow Friendly Society

Defender

Robert Pirie, M.D., and others, trustees of the Society

Defender

Alexander Boag

Defender

Procedural Posture

Action of Declarator and Interdict / Appeal From Sheriff to Court of Session Inner House

Legal Issues

  1. 1 Whether the court's jurisdiction is excluded by the Friendly Societies Act 1896 and society rules referring disputes to arbitration
  2. 2 Whether the action is incompetent without reduction of the minute recording election
  3. 3 Whether the dispute is constitutional or domestic under the Act

Ratio Decidendi

Where a member alleges a breach of society rules amounting to an unconstitutional act, the courts retain jurisdiction and the action is competent; reduction of the minute recording election is not required.

Court Disposition

appeal allowed

Orders

  • interlocutor of Sheriff of 20th July 1912 recalled
  • interlocutor of Sheriff-Substitute of 13th June 1912 affirmed