A miners’ association, registered under the Trade Union Act 1871, made certain payments from its funds to its members, who were out of employment, in circumstances which involved a direct contravention of the rules of the association. Held (Lords Davey and James of Hereford diss.) that an action was maintainable by an individual member of the association against the association and its officers for an injunction to restrain such a misapplication of the funds, inasmuch as the action was not a legal proceeding instituted with the object of directly enforcing an agreement for the application of the funds of a trade union to provide benefits to members, within the meaning of the Trade Union Act 1871, section 4, sub-section 3.
Lord Chancellor (Halsbury), Lords Macnaghten, Davey, James of Hereford, Robertson, and Lindley
[1905] UKHL 868, 42 SLR 868
Bailii
Trade Union Act 1871 4
England and Wales
Citing:
Cited – Chamberlains Wharf Limited v Smith CA 18-Jul-1900
The rules of an association, called the Tea Clearing House, the members of which were dock companies and tea warehouse keepers carrying on the business of warehousing tea in bond, provided (rule 11) that every member should charge on teas the . .
Cited – Simpson v The Westminster Palace Hotel Company Limited 4-Jun-1860
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Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.621180
