Love v. Amalgamated Society of Lithographic Printers [1912] ScotLR 788 (25 June 1912)

Love v. Amalgamated Society of Lithographic Printers [1912] ScotLR 788 (25 June 1912)

A dependant's right to sick benefit under union rules vests when the qualifying event occurs and is enforceable unless the rules are altered before vesting; section 4(3)(a) of the Trade Union Act 1871 does not bar enforcement of benefits to dependants, and 'eligible' means entitled if qualified. The pursuer is entitled to sick benefit for thirty weeks but not to superannuation benefit.

Citation
[1912] ScotLR 788
Parties
Pursuer/appellant: Mrs Margaret Martin or Love; Defenders/respondents: Amalgamated Society of Lithographic Printers of Great Britain and Ireland, trustees and secretary
Jurisdiction
Scotland
Judgment Date
25 June 1912
Procedural Posture
Civil Appeal / Appeal From Sheriff to Court of Session Inner House
Outcome
appeal sustained; interlocutor of Sheriff recalled; interlocutor of Sheriff-Substitute restored
Legal Topics
Jus Quaesitum Tertio, Enforcement of Trade Union Rules, Benefits to Dependants, Trade Union Act 1871 Section 4(3)(a), Revocability of Contract, Statutory Interpretation
Trade Union Law Contract Law Jus Quaesitum Tertio Enforcement of Trade Union Rules Benefits to Dependants Trade Union Act 1871 Section 4(3)(a) Revocability of Contract Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mrs Margaret Martin or Love

Pursuer/appellant

Amalgamated Society of Lithographic Printers of Great Britain and Ireland, trustees and secretary

Defenders/respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether a dependant of a trade union member has a jus quaesitum tertio under union rules for sick benefit
  2. 2 Whether section 4(3)(a) of the Trade Union Act 1871 bars enforcement of sick benefit to dependants
  3. 3 Whether the union rules confer an absolute right or discretionary benefit to dependants

Ratio Decidendi

A dependant's right to sick benefit under union rules vests when the qualifying event occurs and is enforceable unless the rules are altered before vesting; section 4(3)(a) of the Trade Union Act 1871 does not bar enforcement of benefits to dependants, and 'eligible' means entitled if qualified. The pursuer is entitled to sick benefit for thirty weeks but not to superannuation benefit.

Court Disposition

appeal sustained; interlocutor of Sheriff recalled; interlocutor of Sheriff-Substitute restored

Orders

  • Decerned against defenders for payment to pursuer of £7, 10s. sterling