Commission for Equality & Human Rights v Griffin & Ors

Commission for Equality & Human Rights v Griffin & Ors

The order must be construed as directed to the terms on which persons are admitted to membership, not to conditions on the exercise of rights after admission. The language of the order and the way the case was argued and decided support this interpretation. The application to commit for breach of the order cannot succeed because the order is not sufficiently clear to prohibit the alleged conduct.

Parties
Claimant: The Commission for Equality and Human Rights; Defendant: Nicholas John Griffin; Defendant: Tanya Jane Lumby; Defendant: Simon Darby
Jurisdiction
England and Wales
Judgment Date
17 December 2010
Procedural Posture
Application for Committal for Contempt and Related Relief / Judgment on Preliminary Issues Regarding Scope and Compliance With Court Order
Outcome
Application for committal for contempt dismissed on preliminary issues
Legal Topics
Indirect Discrimination, Unincorporated Associations, Membership Criteria, Contempt of Court, Interpretation of Court Orders
Equality Law Discrimination Law Constitutional Law Indirect Discrimination Unincorporated Associations Membership Criteria Contempt of Court Interpretation of Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

The Commission for Equality and Human Rights

Claimant

Nicholas John Griffin

Defendant

Tanya Jane Lumby

Defendant

Simon Darby

Defendant

Procedural Posture

Application for Committal for Contempt and Related Relief / Judgment on Preliminary Issues Regarding Scope and Compliance With Court Order

Legal Issues

  1. 1 Whether the BNP's revised constitution (version 12.2) complies with the court's order prohibiting discriminatory conditions of membership
  2. 2 Whether the order prohibits conditions on exercise of membership rights, not just admission
  3. 3 Whether the defendants are in contempt for alleged breaches

Ratio Decidendi

The order must be construed as directed to the terms on which persons are admitted to membership, not to conditions on the exercise of rights after admission. The language of the order and the way the case was argued and decided support this interpretation. The application to commit for breach of the order cannot succeed because the order is not sufficiently clear to prohibit the alleged conduct.

Court Disposition

Application for committal for contempt dismissed on preliminary issues

Orders

  • Matter to be listed for directions to consider future course of proceedings in light of this decision