Josephine Mary Hayes v Dr Mark Pack & Anor

Josephine Mary Hayes v Dr Mark Pack & Anor

Challenges to the Panel’s determination on Issues 1 and 3 fail; the Panel acted within its contractual powers and followed fair procedure. The Panel’s finding that Ms Hayes leaked the Nethsingha Email breached natural justice, rendering the sanction on Issue 2 contractually invalid.

Parties
Claimant: Josephine Mary Hayes; Defendant: Dr Mark Pack; Defendant: Duncan Curley; Defendant: Alexander Simpson; Defendant: Serena Tierney
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Civil Claim / Final Judgment
Outcome
Claim partly allowed
Legal Topics
Expulsion From Unincorporated Association, Procedural Fairness, Contractual Discretion, Bullying, Data Protection
Contract Law Association Law Natural Justice Expulsion From Unincorporated Association Procedural Fairness Contractual Discretion Bullying Data Protection

Case Brief

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Parties

Josephine Mary Hayes

Claimant

Dr Mark Pack

Defendant

Duncan Curley

Defendant

Alexander Simpson

Defendant

Serena Tierney

Defendant

Procedural Posture

Civil Claim / Final Judgment

Legal Issues

  1. 1 Whether the Party's Complaints Panel breached contract and natural justice in expelling Ms Hayes
  2. 2 Whether the Complaints Process was properly applied to the subject-matter of the complaints
  3. 3 Whether findings of fact and procedure by the Panel were rational and fair

Ratio Decidendi

Challenges to the Panel’s determination on Issues 1 and 3 fail; the Panel acted within its contractual powers and followed fair procedure. The Panel’s finding that Ms Hayes leaked the Nethsingha Email breached natural justice, rendering the sanction on Issue 2 contractually invalid.

Court Disposition

Claim partly allowed

Orders

  • Panel’s sanction on Issue 2 (prohibition from holding office) is invalid and of no contractual effect
  • Panel’s decisions and sanctions on Issues 1 and 3 (expulsion from Party) stand