In commenting on a decision of the House of Lords, given some fifty years ago, concerning the law relating to unincorporated associations as it affected the Free Church of Scotland, Maitland was provoked to say, “I cannot think that it was a brilliant day in our legal annals when the affairs of the Free Church of Scotland were brought before the House of Lords and the dead hand fell with a resounding slap upon the living body.” It was with a much revitalised hand, however, that the same tribunal, in Bonsor v. Musicians' Union, disturbed the slumbers of that self-same branch of our law, but this time in its application to trade unions. On this occasion, the slap has been described as a blow struck for freedom, and though the ultimate decision is in itself of the first importance, it is perhaps in a consideration of the diverse means employed in reaching that result that the student will find the greatest interest.
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