Can anyone clarify the defendants in the Labour Party action? The listing said Evans as a representative of the Labour Party. This seems wrong. A member of an unincorporated association cannot be owed a duty of care in Tort by the other members. >
As all members are equally liable for a Tortious act, even if vicarious, a claiming member are themselves jointly liable for the Tort. You cannot owe a duty of care in Tort to yourself. Harrison v West of Scotland Kart Club 2004 SC 615. A claim in libel as a representative action
is not usually allowed because the members may not have authorized the publication and will have a different interest to the person who did published the libel, Mercantile Marine v Toms [1916] 2 KB 243, Winder v Ward (1957) The Times Feb 27.
So why was the standing of the claimants not challenged at first instance? Whilst the NEC have a right of indemnity for costs in relation to contractual obligations this does not automatically extend to a liability in Tort. Linaker v Pilcher (1901) 17 TLR 256 (KBD).
So it seems that Len McClusky may be right. This settlement may represent a misapplication of members funds. Funds are held in trust for members by the NEC if misapplied then the NEC is legally responsible to refund them. This travesty needs to be challenged ASAP.
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