Prospect v Evans [2024] EWHC 1533 (KB) (20 June 2024)

Prospect v Evans [2024] EWHC 1533 (KB) (20 June 2024)

Section 10 of the Trade Union and Labour Relations (Consolidation) Act 1992 confers on trade unions the right to sue in tort, including defamation, and the prohibition on treating a trade union as a body corporate is subject to express or implied authorisation in Part I. Trade unions possess sufficient personality to bring libel claims, and there is no public interest bar to such claims. The EETPU case is not determinative under the current statutory regime.

Citation
[2024] EWHC 1533 (KB)
Parties
Claimant: Prospect; Defendant: Andrew Evans
Jurisdiction
England and Wales
Judgment Date
20 June 2024
Procedural Posture
Defamation and Malicious Falsehood / Application to Strike Out Defamation Claim or Declaration of No Jurisdiction
Outcome
Application to strike out libel claim or for declaration of no jurisdiction dismissed.
Legal Topics
Standing of Trade Unions in Defamation, Interpretation of Consolidation Statutes, Quasi Corporate Status, Public Interest in Defamation Claims
Defamation Trade Union Law Tort Standing of Trade Unions in Defamation Interpretation of Consolidation Statutes Quasi Corporate Status Public Interest in Defamation Claims

Case Brief

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Parties

Prospect

Claimant

Andrew Evans

Defendant

Procedural Posture

Defamation and Malicious Falsehood / Application to Strike Out Defamation Claim or Declaration of No Jurisdiction

Legal Issues

  1. 1 Does a trade union have standing to sue in defamation?
  2. 2 Does section 10 of the Trade Union and Labour Relations (Consolidation) Act 1992 preclude trade unions from bringing libel claims?
  3. 3 Is it contrary to public interest for a trade union to sue for defamation?

Ratio Decidendi

Section 10 of the Trade Union and Labour Relations (Consolidation) Act 1992 confers on trade unions the right to sue in tort, including defamation, and the prohibition on treating a trade union as a body corporate is subject to express or implied authorisation in Part I. Trade unions possess sufficient personality to bring libel claims, and there is no public interest bar to such claims. The EETPU case is not determinative under the current statutory regime.

Court Disposition

Application to strike out libel claim or for declaration of no jurisdiction dismissed.

Orders

  • Claimant trade union is entitled to bring a claim for libel in its own name.
  • Defendant's application to strike out the libel claim or for declaration of no jurisdiction is dismissed.