Love v Amalgamated Printers [1912] ScotCS CSIH_1 (25 June 1912)

Love v Amalgamated Printers [1912] ScotCS CSIH_1 (25 June 1912)

The pursuer is entitled to sick benefit as a third party under the Society's rules, as her right vested before any alteration and the benefit is payable to her in her own right; however, superannuation benefit remains at the discretion of the Executive Committee and is not enforceable by the pursuer.

Citation
[1912] ScotCS CSIH_1
Parties
Pursuer: Love; Defender: Amalgamated Society of Lithographic Printers of Great Britain and Ireland
Jurisdiction
Scotland
Judgment Date
25 June 1912
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute and Sheriff
Outcome
partially allowed
Legal Topics
Jus Quaesitum Tertio, Trade Union Benefits, Enforceability of Trade Union Rules, Third Party Rights
Contract Law Trade Union Law Jus Quaesitum Tertio Trade Union Benefits Enforceability of Trade Union Rules Third Party Rights

Case Brief

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Parties

Love

Pursuer

Amalgamated Society of Lithographic Printers of Great Britain and Ireland

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute and Sheriff

Legal Issues

  1. 1 Whether the pursuer has a jus quaesitum tertio under the contract between her husband and the Society
  2. 2 Whether the Trade Union Acts prevent enforcement of the benefit claim
  3. 3 Whether the benefit is payable at the discretion of the Executive Committee or as of right

Ratio Decidendi

The pursuer is entitled to sick benefit as a third party under the Society's rules, as her right vested before any alteration and the benefit is payable to her in her own right; however, superannuation benefit remains at the discretion of the Executive Committee and is not enforceable by the pursuer.

Court Disposition

partially allowed

Orders

  • Pursuer entitled to sick benefit for thirty weeks
  • Pursuer not entitled to superannuation allowance