Evangelou & Ors v McNicol (Rev 1)

Evangelou & Ors v McNicol (Rev 1)

The Labour Party Rule Book gives the NEC power to define precise eligibility criteria for voting in leadership elections, including the ability to impose a retrospective freeze date; the right to vote is not inherent to all members but subject to criteria set by the NEC under the rules.

Parties
Claimant/respondent: Christine Evangelou; Claimant/respondent: Rev. Edward Mungo Lear; Claimant/respondent: Hannah Fordham; Claimant/respondent: Chris Granger; Claimant/respondent: FM (a child by his Litigation Friend HW); Defendant/appellant: Iain McNicol (sued as representative of all members of the Labour Party except the Claimants)
Jurisdiction
England and Wales
Judgment Date
12 August 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court order set aside.
Legal Topics
Interpretation of Unincorporated Association Rules, Voting Rights in Political Parties, Contractual Discretion, Procedural Guidelines
Contract Law Association Law Interpretation of Unincorporated Association Rules Voting Rights in Political Parties Contractual Discretion Procedural Guidelines

Case Brief

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Parties

Christine Evangelou

Claimant/respondent

Rev. Edward Mungo Lear

Claimant/respondent

Hannah Fordham

Claimant/respondent

Chris Granger

Claimant/respondent

FM (a child by his Litigation Friend HW)

Claimant/respondent

Iain McNicol (sued as representative of all members of the Labour Party except the Claimants)

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Labour Party NEC had power under the Rule Book to restrict voting eligibility in the leadership election to members with six months continuous membership
  2. 2 Whether the NEC could impose a retrospective freeze date for voting eligibility

Ratio Decidendi

The Labour Party Rule Book gives the NEC power to define precise eligibility criteria for voting in leadership elections, including the ability to impose a retrospective freeze date; the right to vote is not inherent to all members but subject to criteria set by the NEC under the rules.

Court Disposition

Appeal allowed; High Court order set aside.

Orders

  • The judge’s order that his judgment stand as a declaration of the rights of the respondents is set aside.