Graham v Eltham Conservative & Unionist Club & Ors [2013] EWHC 979 (QB) (12 April 2013)

Graham v Eltham Conservative & Unionist Club & Ors [2013] EWHC 979 (QB) (12 April 2013)

The appeals were dismissed because the claims against individual committee members and the Secretary were unarguable in law due to the Club's separate legal personality and lack of personal allegations; costs and unless orders were justified by the Claimant's conduct; exclusion of the lay advocate was warranted due to disruptive and vexatious behaviour; and certain claims were statute-barred as discrete acts, not continuing acts.

Citation
[2013] EWHC 979 (QB)
Parties
Claimant/appellant: Andrew James Graham; Defendants/respondents: Eltham Conservative & Unionist Club & Others
Jurisdiction
England and Wales
Judgment Date
12 April 2013
Procedural Posture
Civil Appeal / Appeal From Central London County Court to High Court (queen's Bench Division)
Outcome
All appeals refused as totally without merit.
Legal Topics
Racial Discrimination, Victimisation, Strike Out Applications, Costs Orders, Lay Advocates and Mc Kenzie Friends, Limitation Periods
Civil Procedure Discrimination Law Racial Discrimination Victimisation Strike Out Applications Costs Orders Lay Advocates and Mc Kenzie Friends Limitation Periods

Case Brief

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Parties

Andrew James Graham

Claimant/appellant

Eltham Conservative & Unionist Club & Others

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From Central London County Court to High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether claims against individual committee members and officers of a registered club can proceed absent personal allegations
  2. 2 Whether the Secretary of the Club can be personally liable for acts done under committee direction
  3. 3 Whether costs orders and unless orders were properly made

Ratio Decidendi

The appeals were dismissed because the claims against individual committee members and the Secretary were unarguable in law due to the Club's separate legal personality and lack of personal allegations; costs and unless orders were justified by the Claimant's conduct; exclusion of the lay advocate was warranted due to disruptive and vexatious behaviour; and certain claims were statute-barred as discrete acts, not continuing acts.

Court Disposition

All appeals refused as totally without merit.

Orders

  • Appeals dismissed.
  • Orders below (including costs and unless orders) to stand.