Trustees of General Railway Workers' Union v. Macdonald [1900] ScotLR 37_721 (24 May 1900)

Trustees of General Railway Workers' Union v. Macdonald [1900] ScotLR 37_721 (24 May 1900)

The statutory title to sue conferred on trustees by the Trade Union Act 1871 is not displaced by union rules appointing the general secretary as the person to sue and be sued. Section 11 of the Act applies to actions by trustees against branch officers for recovery of union property and entitles trustees to costs as between agent and client.

Citation
[1900] ScotLR 37_721
Parties
Pursuer: Trustees of General Railway Workers' Union; Defender: Angus Macdonald
Jurisdiction
Scotland
Judgment Date
24 May 1900
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed; judgment for pursuers
Legal Topics
Trade Union Governance, Title to Sue, Statutory Powers of Trustees, Costs Between Agent and Client
Labour Law Statutory Interpretation Trade Union Governance Title to Sue Statutory Powers of Trustees Costs Between Agent and Client

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Parties

Trustees of General Railway Workers' Union

Pursuer

Angus Macdonald

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the trustees of a trade union have title to sue under the Trade Union Act 1871 when union rules appoint the general secretary as the person to sue and be sued.
  2. 2 Whether section 11 of the Trade Union Act 1871 regarding costs applies to actions by trustees against branch officers.

Ratio Decidendi

The statutory title to sue conferred on trustees by the Trade Union Act 1871 is not displaced by union rules appointing the general secretary as the person to sue and be sued. Section 11 of the Act applies to actions by trustees against branch officers for recovery of union property and entitles trustees to costs as between agent and client.

Court Disposition

appeal dismissed; judgment for pursuers

Orders

  • Defender to deliver over the books in his possession to the pursuers.
  • Defender to pay £17 19s 7d with interest from 31 December 1898 at 5% per annum until payment.