Williamson MP v Formby

Williamson MP v Formby

The Labour Party acted unfairly and in breach of contract by reopening disciplinary proceedings against Mr Williamson after communicating a final panel decision as final, without proper reasons; however, the Party was entitled to pursue subsequent disciplinary action based on new allegations.

Parties
Claimant: Christopher Williamson M.P.; Defendant: Jennie Formby
Jurisdiction
England and Wales
Judgment Date
10 October 2019
Procedural Posture
Civil / Judgment
Outcome
Claim partly allowed
Legal Topics
Unincorporated Associations, Disciplinary Proceedings, Procedural Fairness, Political Party Membership, Judicial Review Principles

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Williamson M.P.

Claimant

Jennie Formby

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the Labour Party acted lawfully in reopening disciplinary proceedings against Mr Williamson after communicating a final decision
  2. 2 Whether the subsequent suspension and disciplinary action against Mr Williamson were lawful

Ratio Decidendi

The Labour Party acted unfairly and in breach of contract by reopening disciplinary proceedings against Mr Williamson after communicating a final panel decision as final, without proper reasons; however, the Party was entitled to pursue subsequent disciplinary action based on new allegations.

Court Disposition

Claim partly allowed

Orders

  • Declaration that the Labour Party acted unfairly in reopening the original disciplinary case and referring it to the NCC
  • Relief refused in respect of Mr Williamson's subsequent suspension; new disciplinary case to run its course