British Equity v Goring: CA 1997

Roskill LJ considered the ‘inelegant draftsmanship’ of a trades union’s rules, saying: ‘Some reliance was placed upon the differing and somewhat indiscriminate use of words such as ‘motion,’ ‘resolution’ and ‘questions’ in the various rules as suggesting that different results were intended to follow according to which word was chosen. If one could discern any coherent or logical pattern in the choice of any of those words, this argument would have force, for the same words should, if possible, be given the same meaning throughout the rules and, when a different word is used, one would be disposed to think, prima facie at any rate, that it was deliberately used to convey a different meaning from that which another word would give. But I do not think that is so. The different use, as I venture to think, is attributable in the case of these rules rather to untidy draftsmanship than to meticulous choice of language.’
Roskill LJ
[1997] ICR 393
England and Wales
Cited by:
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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 . .

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Updated: 19 April 2021; Ref: scu.567811