There was a dispute within an unincorporated weightlifting association about an alleged misuse of its funds.
Held: Words in an agreement are void to the extent that they seek to oust the jurisdiction of the court.
Lynsey J said: ‘The association, being an unincorporated body, could not be liable for the tortious acts either of its officials or council members. The members of the association, individually, would not be liable for such tortious acts, except in so far as they had individually authorized such acts.’
and ‘The common law does not approve of the intervention of any man in the litigation of another with which he had no lawful concern, whether that litigation is well founded or not’ However, as to the law prohibiting maintenance of an action the common law rules were ‘much modified and, as some say, almost atrophied’
It is contrary to the common law and contrary to public policy to attempt to oust the jurisdiction of the courts
Judges:
Lynskey J
Citations:
[1954] 1 WLR 1005
Jurisdiction:
England and Wales
Cited by:
Cited – Foster v McNicol and Another QBD 28-Jul-2016
Incumbent Labour leader did not need nominations
The claimant challenged a decision of the National Executive Committee of the Labour Party to allow its present Leader to stand in the leadership election challenging his position without the need for him to submit first the otherwise standard . .
Lists of cited by and citing cases may be incomplete.
Contract, Company, Torts – Other
Updated: 04 May 2022; Ref: scu.567810
