Colquhoun v. Glasgow Faculty of Procurators' Widows' Fund Society [1908] UKHL 454 (17 March 1908)

Colquhoun v. Glasgow Faculty of Procurators' Widows' Fund Society [1908] UKHL 454 (17 March 1908)

The statutory contract created by the 1833 Act entitled a member of the Faculty who became a contributor to the Widows' Fund to continue as a contributor and to the benefits of the Fund, even after ceasing to be a member of the Faculty, unless he renounced, redeemed, or forfeited under the express statutory grounds. There was no express or implied statutory provision that expulsion from the Faculty resulted in forfeiture of rights under the Fund.

Citation
[1908] UKHL 454
Parties
Appellants (pursuers and Reclaimers): James Colquhoun, his wife, and children; Respondents (defenders and Respondents): Glasgow Faculty of Procurators' Widows' Fund Society
Jurisdiction
United Kingdom
Judgment Date
17 March 1908
Procedural Posture
Appeal (house of Lords) / Final Appellate Decision
Outcome
Appeal allowed; order of the First Division reversed.
Legal Topics
Expulsion From Professional Society, Statutory Contract Rights, Forfeiture of Benefits, Interpretation of Insurance Statutes, Membership Qualifications, Professional Misconduct and Consequences
Insurance Law Statutory Interpretation Contract Law Corporate Law Expulsion From Professional Society Statutory Contract Rights Forfeiture of Benefits Interpretation of Insurance Statutes +2 more

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 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

James Colquhoun, his wife, and children

Appellants (pursuers and Reclaimers)

Glasgow Faculty of Procurators' Widows' Fund Society

Respondents (defenders and Respondents)

Procedural Posture

Appeal (house of Lords) / Final Appellate Decision

Legal Issues

  1. 1 Whether expulsion from the Faculty of Procurators results in forfeiture of rights and benefits under the Widows' Fund Society as a contributor
  2. 2 Whether the statutory contract under the 1833 Act impliedly requires continued membership in the Faculty for entitlement to benefits

Ratio Decidendi

The statutory contract created by the 1833 Act entitled a member of the Faculty who became a contributor to the Widows' Fund to continue as a contributor and to the benefits of the Fund, even after ceasing to be a member of the Faculty, unless he renounced, redeemed, or forfeited under the express statutory grounds. There was no express or implied statutory provision that expulsion from the Faculty resulted in forfeiture of rights under the Fund.

Court Disposition

Appeal allowed; order of the First Division reversed.

Orders

  • The minute or resolution of the Society dated 4th February 1901 is reduced.
  • It is found and declared as concluded for the appellants.