Prospect v Andrew Evans

Section 10 of the Trade Union and Labour Relations (Consolidation) Act 1992 confers on trade unions the right to sue in their own name in tort, including defamation, and the prohibition on treating them as a body corporate does not deprive them of this right; therefore, trade unions have standing to bring libel claims.

Parties: Claimant: Prospect; Defendant: Andrew Evans
Jurisdiction: England and Wales
Judgment Date: 19 November 2025
Procedural Posture: Civil / Application to Strike Out Claim / Jurisdictional Challenge
Outcome: Application to strike out libel claim dismissed; trade union entitled to bring libel claim.
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 Law 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

Civil / Application to Strike Out Claim / Jurisdictional Challenge

Legal Issues

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

Ratio Decidendi

Court Disposition

Application to strike out libel claim dismissed; trade union entitled to bring libel claim.

Orders

Defendant’s application to strike out the libel claim or for a declaration of no jurisdiction is dismissed.