Mackison's Trustees v. Dundee Magistrates [1910] UKHL 354 (08 March 1910)

Mackison's Trustees v. Dundee Magistrates [1910] UKHL 354 (08 March 1910)

The appellant failed to discharge the abnormally heavy burden of proof required to establish a contract for special remuneration after a long delay and in the absence of unequivocal evidence. The claim for extra payment cannot succeed where the original employment contract required full-time service for a fixed...

Source-derived case information.

Citation
[1910] UKHL 354
Parties
Appellant: Mackison's Trustees; Respondent: Dundee Magistrates
Jurisdiction
United Kingdom
Judgment Date
08 March 1910
Procedural Posture
Civil Appeal / Appeal to House of Lords From Court of Session
Outcome
Appeal dismissed with costs
Legal Topics
Master and Servant, Recompense, Wages, Contract for Extra Services, Burden of Proof, Delay (mora)
Employment Law Contract Law Master and Servant Recompense Wages Contract for Extra Services Burden of Proof Delay (mora)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mackison's Trustees

Appellant

Dundee Magistrates

Respondent

Procedural Posture

Civil Appeal / Appeal to House of Lords From Court of Session

Legal Issues

  1. 1 Whether a salaried public servant (burgh surveyor) is entitled to extra remuneration for additional services not contemplated at appointment
  2. 2 Whether a contract (express or implied) for such extra remuneration existed
  3. 3 Effect of delay (mora) on the burden of proof in contractual claims

Ratio Decidendi

The appellant failed to discharge the abnormally heavy burden of proof required to establish a contract for special remuneration after a long delay and in the absence of unequivocal evidence. The claim for extra payment cannot succeed where the original employment contract required full-time service for a fixed salary and no clear agreement for additional remuneration was proven.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Respondents assoilzied (absolved from liability)