John Milligen & Co., Ltd v. Ayr Harbour Trustees [1915] ScotLR 748 (19 June 1915)

John Milligen & Co., Ltd v. Ayr Harbour Trustees [1915] ScotLR 748 (19 June 1915)

The Ayr Harbour Trustees were under an absolute statutory duty to provide facilities for loading and to permit the pursuers to import their own labour if the trustees' employees refused to work. Impossibility or practical impossibility does not excuse performance of such statutory obligations, and the Trade Disputes Act 1906 does not exempt the trustees from liability for breach of statutory duty. Damages are recoverable for the loss caused by the trustees' refusal.

Citation
[1915] ScotLR 748
Parties
Pursuer: John Milligen & Company, Limited; Defender: Ayr Harbour Trustees
Jurisdiction
Scotland
Judgment Date
19 June 1915
Procedural Posture
Civil Action for Damages and Declarator / Inner House Appeal From Lord Ordinary
Outcome
Appeal dismissed; damages awarded to pursuers.
Legal Topics
Statutory Duties of Harbour Trustees, Right to Import Labour, Trade Disputes, Damages for Breach of Statutory Duty, Interpretation of Harbours, Docks, And Piers Clauses Act 1847, Application of Trade Disputes Act 1906
Public Law Contract Law Statutory Interpretation Labour Law Statutory Duties of Harbour Trustees Right to Import Labour Trade Disputes Damages for Breach of Statutory Duty +2 more

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Parties

John Milligen & Company, Limited

Pursuer

Ayr Harbour Trustees

Defender

Procedural Posture

Civil Action for Damages and Declarator / Inner House Appeal From Lord Ordinary

Legal Issues

  1. 1 Are harbour trustees under an absolute statutory duty to provide facilities for loading, or may they exercise discretion?
  2. 2 Does impossibility or practical impossibility excuse performance of statutory obligations?
  3. 3 Does the Trade Disputes Act 1906 exempt the trustees from liability for refusal to permit imported labour?

Ratio Decidendi

The Ayr Harbour Trustees were under an absolute statutory duty to provide facilities for loading and to permit the pursuers to import their own labour if the trustees' employees refused to work. Impossibility or practical impossibility does not excuse performance of such statutory obligations, and the Trade Disputes Act 1906 does not exempt the trustees from liability for breach of statutory duty. Damages are recoverable for the loss caused by the trustees' refusal.

Court Disposition

Appeal dismissed; damages awarded to pursuers.

Orders

  • Trustees liable in damages for breach of statutory duty.
  • Pursuers awarded £110 sterling in damages.