A trade union, an unincorporated association, could be sued in its own name despite the absence of any statutory provision permitting it. Lord Lindley said that the problem of how to adapt legal proceedings to unincorporated societies consisting of many members was by no means new, and that the rules of common law had had to be altered to meet them.
Judges:
Lord Lindley
Citations:
[1901] UKHL 1, [1901] AC 426
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v RL and JF CACD 28-Aug-2008
Club, not members, prosecutable for breach
The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have . .
Cited – North London Central Mosque Trust (A Charity) v Policy Exchange and Another QBD 26-Nov-2009
The defendant asserted that the claimant had no capacity (by way of identity) to allow it to sue in defamation.
Held: North London Central Mosque Trust lacks capacity. It is not an entity capable of suing for libel: ‘Parliament has not . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 13 July 2022; Ref: scu.263835