The Edinburgh and District Aerated-Water Manufacturers' Defence Association Ltd v. James Jenkinson & Co. [1903] ScotLR 40_825 (15 July 1903)

The Edinburgh and District Aerated-Water Manufacturers' Defence Association Ltd v. James Jenkinson & Co. [1903] ScotLR 40_825 (15 July 1903)

The Association is a trade union within the statutory definition because its articles and bye-laws impose restrictive conditions on the conduct of trade between its members. Therefore, its registration under the Companies Acts is void, and it cannot sue in its corporate name. The plea of no title to sue must be sustained and the action dismissed.

Citation
[1903] ScotLR 40_825
Parties
Pursuer: The Edinburgh and District Aerated-Water Manufacturers' Defence Association Limited; Defender: James Jenkinson & Company
Jurisdiction
Scotland
Judgment Date
15 July 1903
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
action dismissed
Legal Topics
Trade Union Registration, Restraint of Trade, Title to Sue, Corporate Personality, Restrictive Trade Practices
Company Law Trade Union Law Commercial Law Trade Union Registration Restraint of Trade Title to Sue Corporate Personality Restrictive Trade Practices

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Parties

The Edinburgh and District Aerated-Water Manufacturers' Defence Association Limited

Pursuer

James Jenkinson & Company

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the Association is a trade union under the Trade Union Acts
  2. 2 Whether registration under the Companies Acts is void for a trade union
  3. 3 Whether the Association has title to sue in its corporate name

Ratio Decidendi

The Association is a trade union within the statutory definition because its articles and bye-laws impose restrictive conditions on the conduct of trade between its members. Therefore, its registration under the Companies Acts is void, and it cannot sue in its corporate name. The plea of no title to sue must be sustained and the action dismissed.

Court Disposition

action dismissed

Orders

  • Sustain the appeal
  • Recall the interlocutors appealed against