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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Denaby and Cadeby Main Collieries, Ltd v. Yorkshire Miners' Association and Others [1906] UKHL 596 (14 May 1906) URL: https://www.bailii.org/uk/cases/UKHL/1906/44SLR0596.html Cite as: [1906] UKHL 596, 44 ScotLR 596 |
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(On Appeal from the Court of Appeal in England.)
(Before the
Subject_Trade Union — Principal and Agent — Liability of Trade Union for Illegal Actions of Officials of Branch.
Trade Union — Grant of Strike Pay Contrary to Rules of Union — Title of Employers to Sue for Damages.
Facts:
Where, in breach of existing contracts between employers and employees, the officials of a branch of a trade union brought about a strike contrary to the rules and regulations of the trade union as a whole, held that the latter was not liable in damages to the employers for the wrongful actings of the officials of the branch.
The central council of a trade union, in contravention of the rules and regulations of the union, granted strike pay to miners out on strike.
Held that the employers of the miners had no title to sue the trade union for damages, the wrong committed by the central council being one committed against its own members in dissipating their funds, and not against the employer, who had no interest in the funds.
Appeal from a decision of the Court of Appeal ( Collins, M.R., Mathew and Cozens-Hardy, L.JJ., Collins, M.R., in part dissenting), dated the 19th May 1905, which set aside the verdict of a special jury, dated the 8th February 1904, and the judgment of Lawrance, J., dated the 13th February 1904.
The appellants, plaintiffs in this action, were extensive colliery owners in Yorkshire.
The Yorkshire Miners' Association was a trade union, registered under the Trade Union Act 1871.
The defendants Cragg and Kaye were trustees of the association; and Wadsworth was the vice-president, and Hall the treasurer; other defendants were officials of the association or of one of the branches.
In June 1902 a strike began at the appellants' collieries under circumstances which are fully set out in the judgment of the Lord Chancellor, and it lasted till March 1903.
In the present action the plaintiffs claimed (1) Damages for illegally paying away the funds of the defendant association in contravention of its rules, to the injury of the plaintiffs, for the purpose of wrongfully and maliciously procuring and inducing workmen employed or formerly employed by the plaintiffs to break contracts with the plaintiffs, and not to enter into contracts with them, and unlawfully to remain in possession of the plaintiffs' houses, and to prevent the plaintiffs from carrying on their business of colliery proprietors, and for other illegal purposes, and for carrying on by unlawful means a strike of the plaintiffs' workmen; (2) damages for wrongfully and maliciously conspiring with workmen formerly employed by the plaintiffs to do and cause the acts aforesaid; (3) an injunction to restrain the defendants from unlawfully paying away the funds of the defendant association in contravention of the rules of the defendant association, and from the commission of the acts aforesaid.
The questions left to the jury at the trial and their answers thereto were as follows—(1) Did the defendants Nolan and Humphries, or either of and which of them, unlawfully and maliciously procure the men to break their contracts of employment by going out on strike on the 29th June without giving notice?—(A) Yes. (2) If you answer the first question in the affirmative, then were Nolan and Humphries, or either and which of them, in so doing purporting to act as agents of the association and for its benefit?—(A) Yes. (3) Did the members of the committees of the Denaby and Cadeby branches, or any of them, unlawfully and maliciously procure the men to break their contracts of employment by going out on strike on the 29th June without giving notice?—(A) Yes. (4) If you answer the third question in the affirmative, then were the members of the committees in so doing purporting to act
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as agents of the association and for its benefit?—(A) Yes. (5) Did the defendant association, by its executive council or by its officials, ratify the acts of Nolan and Humphries, or of the members of the committees, in so procuring the men to break their contracts?—(A) Yes. (6) Did the defendant association by its officials or by the members of the committees of Denaby and Cadeby branches maintain or assist in maintaining the strike by unlawful means, that is to say—( a) By molesting or intimidating men who were working for the plaintiffs with a view of inducing them to cease from so working?—(A) Yes. ( b) By inducing or attempting to induce men who were willing to enter into contracts of service with the plaintiffs or to work for them, to refrain from so doing?—(A) Yes. ( c) By the grant of strike pay against the rules of the association?—(A) Yes. (7) Did the defendants Wadsworth, Parrott, Frith, and Hall, or any and which of them, maintain or assist in maintaining the strike by unlawful means—that is to say, by any and which of the above means?—(A) Not personally, but as servants of the association. (8) Did the defendants or any and which of them conspire with each other, or with workmen in the employ of the plaintiffs, to do any and which of the matters mentioned in question 6?—(A) Yes. (9) Did the defendants or any and which of them unlawfully and maliciously conspire together, and with workmen formerly in the employ of the plaintiffs, to molest and injure the plaintiffs in the carrying on of their business, and were the plaintiffs so molested and injured?—(A) Yes. Thereupon judgment was entered on the 13th February 1904 for the appellants, with costs, the inquiry as to damages being stayed by consent of all parties.
This decision was reversed by the Court of Appeal. But Collins, M.R., held that Lawrance J., was justified in leaving the matter to the jury, and that it was impossible to enter judgment for the defendant association. In his opinion there was no misdirection, and the plaintiffs were entitled to retain their verdict in respect of the causes of action dealt with in question 6 and the following questions.
The plaintiffs appealed to the House of Lords.
At the conclusion of the arguments their Lordships took time to consider their judgment.
On May 14 their Lordships gave judgment as follows:—
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Judgment of the Court of Appeal affirmed, and appeal dismissed.
Counsel for the Appellants— Eldon Bankes, K.C.— Lush, K.C.— H. T. Waddy. Agents — Johnson, Weatherall, & Sturt, Solicitors.
Counsel for the Respondent Association— R. Isaacs, K.C.— Danckwerts, K.C.— Clement Edwards. For the other Respondents— Atherly Jones, K.C.— S. T. Evans, K.C.— Compston. Agents— Corbin, Greener, & Cook, Solicitors.