Nattrass v UK Independence Party

Nattrass v UK Independence Party

The express provisions of the rule book governing the selection process are sufficiently detailed and do not require implied terms of fairness or objective criteria; no breach of contract or other wrong established; balance of convenience strongly favours allowing the ballot to proceed; court should not interfere in the democratic process of political parties except in exceptional circumstances.

Parties
Claimant: Michael Nattrass; Defendant: UK Independence Party
Jurisdiction
England and Wales
Judgment Date
28 August 2013
Procedural Posture
Civil / Interlocutory Application for Injunction
Outcome
Application for injunction refused
Legal Topics
Implied Terms, Selection Process, Injunctions, Political Party Procedures
Contract Law Election Law Implied Terms Selection Process Injunctions Political Party Procedures

Case Brief

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Parties

Michael Nattrass

Claimant

UK Independence Party

Defendant

Procedural Posture

Civil / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether implied terms of fairness and objective criteria should be read into the party's selection process
  2. 2 Whether the selection process breached contractual or other legal rights
  3. 3 Whether an injunction should be granted to restrain the party from proceeding with the ballot

Ratio Decidendi

The express provisions of the rule book governing the selection process are sufficiently detailed and do not require implied terms of fairness or objective criteria; no breach of contract or other wrong established; balance of convenience strongly favours allowing the ballot to proceed; court should not interfere in the democratic process of political parties except in exceptional circumstances.

Court Disposition

Application for injunction refused

Orders

  • Injunction sought by claimant is denied; ballot may proceed as scheduled.