Caselaw Digest
Caselaw Digest

Dr Mohammad Emranul Haque v Musleh Faradhi & Ors

[2023] EWHC 1135 (KB)
Two people were kicked out of their community group. One person won a tiny bit of money because the group wasn't fair to them. The rest of their complaints were not proven.

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.

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