Johnston v. Aberdeen Master Plumbers' Association [1920] ScotLR 47 (06 November 1920)

Johnston v. Aberdeen Master Plumbers' Association [1920] ScotLR 47 (06 November 1920)

The Association is illegal at common law due to unreasonable restraint of trade, but the action for declarator of membership is not barred by section 4 of the Trade Union Act 1871 as it concerns qualification for membership, not enforcement of agreements. Johnston ceased to be a member when he sold his business to a firm; only the firm could be eligible for membership, not individual partners.

Citation
[1920] ScotLR 47
Parties
Pursuer/respondent: Joseph James Johnston; Defender/appellant: Aberdeen Master Plumbers' Association
Jurisdiction
Scotland
Judgment Date
06 November 1920
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
appeal sustained; action dismissed
Legal Topics
Trade Union Membership, Rules in Restraint of Trade, Interpretation of Association Rules, Trade Union Act 1871, Legality of Trade Associations
Trade Union Law Contract Law Restraint of Trade Trade Union Membership Rules in Restraint of Trade Interpretation of Association Rules Trade Union Act 1871 Legality of Trade Associations

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 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Joseph James Johnston

Pursuer/respondent

Aberdeen Master Plumbers' Association

Defender/appellant

Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Is the Aberdeen Master Plumbers' Association illegal at common law due to restraint of trade?
  2. 2 Does section 4 of the Trade Union Act 1871 bar the action for declarator of membership?
  3. 3 Did Johnston cease to be a member upon selling his business to a firm of which he was a partner?

Ratio Decidendi

The Association is illegal at common law due to unreasonable restraint of trade, but the action for declarator of membership is not barred by section 4 of the Trade Union Act 1871 as it concerns qualification for membership, not enforcement of agreements. Johnston ceased to be a member when he sold his business to a firm; only the firm could be eligible for membership, not individual partners.

Court Disposition

appeal sustained; action dismissed

Orders

  • interlocutors of lower courts recalled
  • fourth plea-in-law for defenders sustained