Key Facts
- •Claimants and Defendants were members of the Muslim Community Association (MCA), a faith-based organization.
- •Claimants were suspended and terminated from the MCA for conduct contrary to its constitution.
- •Claimants alleged their suspensions/terminations were unlawful and motivated by suppressing complaints about electoral malpractice.
- •The MCA was unincorporated initially, later becoming incorporated as MCA Limited.
- •A significant dispute arose regarding the 2019 MCA elections, involving allegations of campaigning and a subsequent investigation.
- •The First Claimant's termination stemmed from a phone call made during a break in a Shoora meeting, overheard and recorded.
- •The Second Claimant's suspension resulted from emails expressing concerns about MCA decisions.
- •An Investigation Committee (IC) investigated electoral malpractice but could not identify the authors of the problematic letter and texts.
- •The IC recommended formal action against several Shoora members, including the First Claimant, who resigned rather than face disciplinary hearings.
Legal Principles
Contractual interpretation of unincorporated association rules.
Evangelou v McNicol [2016] EWCA Civ 817
Implied terms in a contract must be necessary for business efficacy or obvious.
Ali v Petroleum Company of Trinidad and Tobago [2017] UKPC 2
Principles of natural justice in administrative powers.
R v Secretary of State for the Home Department ex parte Doody [1994] 1 AC 531
Natural justice requires an unbiased decision-maker, notice of charges, and a right to be heard.
Dymoke v Association for Dance Movemnet Psychotherapy UK Ltd [2019] EWHC 94 (QB)
'Play in the joints' principle allows for some informality in the conduct of unincorporated associations.
Speechley v Allott [2014] EWCA Civ 230
Declaratory relief is discretionary, considering justice to both parties and usefulness.
Bank of New York Mellon v Essar Steel India Ltd [2018] EWHC 3177 (Ch)
Damages for non-pecuniary loss are generally not recoverable in breach of contract, except in specific circumstances.
Jarvis v Swans Tours Ltd [1973] Q.B. 233
Outcomes
First Claimant's termination was in breach of natural justice due to lack of an unbiased decision-maker.
Shoora members involved in the incident were also the decision-makers, creating bias.
Nominal damages of £100 awarded to the First Claimant.
Injunctive relief was not practical, declaratory relief was deemed unnecessary, and non-pecuniary losses did not meet the exception for damages.
All other claims were dismissed.
No breaches of Clause 16 were proven against the Defendants; the Second Claimant's suspension did not breach the constitution.