Prospect v Andrew Evans

Prospect v Andrew Evans

A member of a trade union can defame that union as a matter of law due to the quasi-corporate status conferred by section 10 of the Trade Union and Labour Relations (Consolidation) Act 1992, allowing the union to sue in tort, including defamation, in its own name. The statement in issue referred to the claimant and conveyed a defamatory meaning at Chase level 2, being an expression of opinion with the basis indicated in general terms.

Parties
Claimant: Prospect; Defendant: Andrew Evans
Jurisdiction
England and Wales
Judgment Date
03 October 2025
Procedural Posture
Civil / Judgment on Preliminary Issues
Outcome
Preliminary issues determined; claimant may proceed with defamation claim; no determination on malicious falsehood meaning at this stage.
Legal Topics
Libel, Malicious Falsehood, Trade Union Quasi Corporate Status, Defamation by Member, Natural and Ordinary Meaning, Reference, Defamatory at Common Law, Fact or Opinion, Basis of Opinion, Malicious Falsehood Meaning
Defamation Malicious Falsehood Trade Union Law Libel Trade Union Quasi Corporate Status Defamation by Member Natural and Ordinary Meaning Reference +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 32 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Prospect

Claimant

Andrew Evans

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether a member of a trade union can defame that union as a matter of law
  2. 2 Natural and ordinary meaning of the statement
  3. 3 Whether the statement referenced the claimant

Ratio Decidendi

A member of a trade union can defame that union as a matter of law due to the quasi-corporate status conferred by section 10 of the Trade Union and Labour Relations (Consolidation) Act 1992, allowing the union to sue in tort, including defamation, in its own name. The statement in issue referred to the claimant and conveyed a defamatory meaning at Chase level 2, being an expression of opinion with the basis indicated in general terms.

Court Disposition

Preliminary issues determined; claimant may proceed with defamation claim; no determination on malicious falsehood meaning at this stage.

Orders

  • Within 7 days, parties to lodge agreed order on consequential matters or exchange rival drafts and submissions.
  • Any application for permission to appeal to be lodged and served within 7 days.