Treherne & Ors v Amateur Boxing Association Of England Ltd [2002] EWCA Civ 381 (11 March 2002)

Treherne & Ors v Amateur Boxing Association Of England Ltd [2002] EWCA Civ 381 (11 March 2002)

No contractual relationship was formed between WABF and ABAE; the correspondence and actions amounted to negotiations and applications, not binding offers and acceptances. The rules required a process involving clubs, not WABF as an entity, and international rules precluded recognition of multiple national associations. Therefore, ABAE was not obliged to admit WABF as a member.

Citation
[2002] EWCA Civ 381
Parties
Claimant/appellant: Alwyn Treherne; Claimant/appellant: Colin Webb; Claimant/appellant: Danny Kitchen; Claimant/appellant: Alan Hawkins; Claimant/appellant: Stuart Price; Claimant/appellant: Keith Jeffries; Claimant/appellant: John Wynne; Claimant/appellant: Gary Butcher; Claimant/appellant: Brian Evans; Claimant/appellant: Bill Summers; Claimant/appellant: Terry Taylor; Claimant/appellant: Alan Smith; Claimant/appellant: Malcolm Webb; Claimant/appellant: Gwynfa James; Claimant/appellant: Philip Jones; Claimant/appellant: Russel Cook; Defendant/respondent: Amateur Boxing Association of England Limited
Jurisdiction
England and Wales
Judgment Date
11 March 2002
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Membership Rights, Formation of Contract, Application for Membership, Intent to Create Legal Relations, Association Rules
Contract Law Association Law Sports Law Membership Rights Formation of Contract Application for Membership Intent to Create Legal Relations Association Rules

Case Brief

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Parties

Alwyn Treherne

Claimant/appellant

Colin Webb

Claimant/appellant

Danny Kitchen

Claimant/appellant

Alan Hawkins

Claimant/appellant

Stuart Price

Claimant/appellant

Keith Jeffries

Claimant/appellant

John Wynne

Claimant/appellant

Gary Butcher

Claimant/appellant

Brian Evans

Claimant/appellant

Bill Summers

Claimant/appellant

Terry Taylor

Claimant/appellant

Alan Smith

Claimant/appellant

Malcolm Webb

Claimant/appellant

Gwynfa James

Claimant/appellant

Philip Jones

Claimant/appellant

Russel Cook

Claimant/appellant

Amateur Boxing Association of England Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether WABF or its clubs formed a contract for membership with ABAE
  2. 2 Whether ABAE was obliged to admit WABF as a member
  3. 3 Whether the correspondence constituted a binding offer and acceptance

Ratio Decidendi

No contractual relationship was formed between WABF and ABAE; the correspondence and actions amounted to negotiations and applications, not binding offers and acceptances. The rules required a process involving clubs, not WABF as an entity, and international rules precluded recognition of multiple national associations. Therefore, ABAE was not obliged to admit WABF as a member.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Liberty to apply