BONSOR
V.
MUSICIANS’ UNION

LORD MORTON OF HENRYTON (reading the lead judgment)

My Lords, the Master of the Rolls and Jenkins L.J. were of opinion, rightly, in my view, that Kelly v. National Society of Operative Printers’ Assistants1 was binding on the Court of Appeal, but Denning L.J. felt himself entitled to disregard that case and delivered a judgment in favour of Mr. Bonsor, which I have found of great assistance. It is the dismissal of the cross-appeal which gives rise to the appeal now before your Lordships’ House.

Mr. Bonsor died on March 4, 1954, and the present appellant is his widow and legal personal representative. On August 5, 1954, it was ordered that these proceedings should be carried on between the present appellant and the respondent union. It is convenient to turn at once to Kelly’s case.1 The plaintiff was a printer’s assistant, and the defendant was a trade union registered under the Trade Union Acts. The plaintiff claimed a declaration that a resolution expelling him from membership of the u…