Unincorporated Associations have capacity to bring public law claims – Landmark Chambers

Posted January 16th, 2020 in judicial review, news, unincorporated associations by sally

‘In a detailed judgment handed down today (14 January), Mrs Justice Lieven has ruled that, as a matter of principle, unincorporated associations have capacity to bring both judicial review proceedings and statutory challenges in their own name. Whilst in certain circumstances the addition or substitution of named individuals may be necessary for practical reasons such as security for costs, or where there is uncertainty about membership of the body, the inclusion of named individuals is not necessary for the validity of the claim.’

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Landmark Chambers, 14th January 2020

Source: www.landmarkchambers.co.uk

Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) – WLR Daily

Posted March 6th, 2008 in bona vacantia, law reports, unincorporated associations by sally

Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) [2008] EWHC 330 (Ch); WLR (D) 73

“The assets of an unincorporated association, which was not a charity and which had ceased to exist due to the fall in its membership to below two, did not pass to the Crown as bona vacantia but vested in the sole surviving member of the association.”

WLR Daily, 5th March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.