The Friendly Societies Act 1896, section 68 (1), enacts – ‘Every dispute between a member . . and the society or branch, or an officer thereof, . . shall be decided in manner directed by the rules of the society or branch, and the decision so given shall be binding and conclusive on all parties without appeal, and shall not be removeable into any court of law or restrainable by injunction, and application for the enforcement thereof may be made to the County Court.’
The appellant was a member of a friendly society and had a dispute with them as to his right to sick pay. The arbitration committee decided against his claim. The appellant appealed successively to the executive committee and the district arbitration committee of the head district, who also disallowed his claim, and under the rules ordered him to pay the costs. He refused to pay, and on the expiry of a year he was suspended and then expelled, all in accordance with the rules. He brought an action against the society for injunction and damages.
Held that the proceedings of the society complained of were not ultra vires, and being in accordance with the rules of the society were not within the jurisdiction of a court of law.
Judges:
Lord Chancellor (Loreburn), Lords Atkinson and Mersey
Citations:
[1910] UKHL 907, 47 SLR 907
Links:
Statutes:
Jurisdiction:
England and Wales
Company
Updated: 25 April 2022; Ref: scu.619786