Ramsay v Pain & Ors

Ramsay v Pain & Ors

There is no imminent danger of substantial damage, the contractual and data protection claims are weak, and the meeting is summoned by members not the Chairman; application for injunction would have failed and costs should follow the event.

Parties
Intended Claimant: Nicholas Ramsay; Intended Defendant: Nicholas Hacket Pain
Jurisdiction
England and Wales
Judgment Date
20 November 2020
Procedural Posture
Application for Injunction and Information Disclosure / Ruling on Interim Relief and Costs
Outcome
Application for injunction abandoned; costs awarded to intended defendant.
Legal Topics
Interim Injunctions, Quia Timet Relief, Costs, Unincorporated Associations, GDPR Compliance
Contract Law Data Protection Law Civil Procedure Interim Injunctions Quia Timet Relief Costs Unincorporated Associations GDPR Compliance

Case Brief

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Parties

Nicholas Ramsay

Intended Claimant

Nicholas Hacket Pain

Intended Defendant

Procedural Posture

Application for Injunction and Information Disclosure / Ruling on Interim Relief and Costs

Legal Issues

  1. 1 Whether there is imminent danger of substantial damage justifying a quia timet injunction
  2. 2 Whether the intended claimant is entitled to information about the petition under contract or data protection law
  3. 3 Whether public law principles apply to the contract between members of an unincorporated association

Ratio Decidendi

There is no imminent danger of substantial damage, the contractual and data protection claims are weak, and the meeting is summoned by members not the Chairman; application for injunction would have failed and costs should follow the event.

Court Disposition

Application for injunction abandoned; costs awarded to intended defendant.

Orders

  • Intended claimant to pay intended defendant’s costs of and occasioned by this application.