Evangelou & Ors v McNicol (Rev 1) [2016] EWCA Civ 817 (12 August 2016)

Evangelou & Ors v McNicol (Rev 1) [2016] EWCA Civ 817 (12 August 2016)

The Labour Party's Rule Book gives the NEC the power to define 'precise eligibility criteria' for voting in leadership elections, which includes the authority to set a retrospective freeze date and require a minimum period of membership. The NEC's exercise of this power is subject to implied contractual limits of good faith and rationality, but the Rule Book does not guarantee all members a right to vote absent satisfaction of criteria set by the NEC.

Citation
[2016] EWCA Civ 817
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 a representative of all members of the Labour Party except the Claimants)
Jurisdiction
England and Wales
Judgment Date
12 August 2016
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court decision overturned
Legal Topics
Interpretation of Unincorporated Association Rules, Contractual Discretion, Internal Party Democracy, Eligibility to Vote in Party Elections
Contract Law Public Law Election Law Interpretation of Unincorporated Association Rules Contractual Discretion Internal Party Democracy Eligibility to Vote in Party Elections

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 a representative of all members of the Labour Party except the Claimants)

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Labour Party's National Executive Committee (NEC) had power under the 2016 Rule Book to restrict voting eligibility in the leadership election to members with six months' continuous membership.
  2. 2 Whether the NEC could lawfully impose a retrospective freeze date for voting eligibility.

Ratio Decidendi

The Labour Party's Rule Book gives the NEC the power to define 'precise eligibility criteria' for voting in leadership elections, which includes the authority to set a retrospective freeze date and require a minimum period of membership. The NEC's exercise of this power is subject to implied contractual limits of good faith and rationality, but the Rule Book does not guarantee all members a right to vote absent satisfaction of criteria set by the NEC.

Court Disposition

Appeal allowed; High Court decision overturned

Orders

  • Declaration that the NEC acted within its powers in setting the six-month membership requirement and retrospective freeze date for voting eligibility in the 2016 Labour Party leadership election.
  • Order that the claim for breach of contract is dismissed.