Clark & Ors v Adams & Anor [2024] EWHC 62 (KB) (19 January 2024)

Clark & Ors v Adams & Anor [2024] EWHC 62 (KB) (19 January 2024)

The claim against PIRA is struck out as an unincorporated association cannot be sued in its own name. The representative claim against Mr Adams is struck out as the 'same interest' requirement is not met from the outset and the class is not properly defined. The claim for nominal damages for personal injury qualifies for QOCS protection as the pleadings allege personal injury and damages, even if only nominal.

Citation
[2024] EWHC 62 (KB)
Parties
Claimant: John Clark; Claimant: Jonathan Ganesh; Claimant: Barry Laycock; Defendant: Gerry Adams; Defendant: The Provisional Irish Republican Army
Jurisdiction
England and Wales
Judgment Date
19 January 2024
Procedural Posture
Civil (tort Assault/battery, Personal Injury) / Interlocutory Application (strike Out and Costs Protection)
Outcome
Claim against PIRA struck out; claim against Mr Adams in representative capacity struck out; claim against Mr Adams in personal capacity proceeds; claim enjoys QOCS protection.
Legal Topics
Assault and Battery, Personal Injury, Unincorporated Associations, Representative Actions, Qualified One Way Costs Shifting (qocs), Nominal Damages
Tort Law Civil Procedure Assault and Battery Personal Injury Unincorporated Associations Representative Actions Qualified One Way Costs Shifting (qocs) Nominal Damages

Case Brief

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Parties

John Clark

Claimant

Jonathan Ganesh

Claimant

Barry Laycock

Claimant

Gerry Adams

Defendant

The Provisional Irish Republican Army

Defendant

Procedural Posture

Civil (tort Assault/battery, Personal Injury) / Interlocutory Application (strike Out and Costs Protection)

Legal Issues

  1. 1 Whether an unincorporated association (PIRA) can be sued in its own name
  2. 2 Whether Mr Adams can be sued in a representative capacity for PIRA/Army Council/members
  3. 3 Whether the claim for nominal damages for vindicatory purposes qualifies for QOCS protection

Ratio Decidendi

The claim against PIRA is struck out as an unincorporated association cannot be sued in its own name. The representative claim against Mr Adams is struck out as the 'same interest' requirement is not met from the outset and the class is not properly defined. The claim for nominal damages for personal injury qualifies for QOCS protection as the pleadings allege personal injury and damages, even if only nominal.

Court Disposition

Claim against PIRA struck out; claim against Mr Adams in representative capacity struck out; claim against Mr Adams in personal capacity proceeds; claim enjoys QOCS protection.

Orders

  • Claim against the Provisional Irish Republican Army struck out.
  • Claim against Gerry Adams in representative capacity struck out.