Court Clarifies Legal Standing for Unincorporated Associations and Representation in Personal Injury Claims with John Clark & Ors v Gerry Adams & Anor Ruling

Citation: [2024] EWHC 62 (KB)
Judgment on


The case of John Clark & Ors v Gerry Adams & Anor represents a significant judgment in the realm of tort law and procedure, with particular focus on the representational capacity in claims, the definition and scope of a claim for damages for personal injury, and the application of Qualified One-Way Cost Shifting (QOCS). The case underscores the nuances of litigation against unincorporated associations and individuals in representative roles, the limitations of claims actionable per se, and the importance of QOCS in personal injury cases.

Key Facts

The plaintiffs, who suffered injuries from Provisional Irish Republican Army (PIRA) bombing incidents, initiated claims for nominal damages against Gerry Adams, alleging his leadership in PIRA. The claim was framed as a representational action for assault/battery and carried the primary aim of vindicating the plaintiffs’ rights. The court was tasked with considering whether Mr. Adams could be sued in a representative capacity, whether the PIRA, being an unincorporated association, could be a defendant, and if the case fell under the protection of QOCS rules.

The court reaffirmed the long-standing principle that an unincorporated association, such as the PIRA, lacks the legal status to be sued in its own name. The case reference to London Association for the Protection of Trade v. Greenlands Ltd. clarified that absent any statutory exception, such entities cannot serve as defendants.

Representative Capacity in Actions

According to CPR 19.8, one can only bring or continue a claim as representatives if the respective class has the “same interest” in the claim. The court drew from decisions in Emerald Supplies Ltd v. British Airways plc and Lloyd v. Google LLC to emphasize the “same interest” requirement prevalent throughout the proceedings, not just at judgment.

In PIRA’s context, given the secretive nature and fluctuating membership, identifying a coherent class with the same interest to be represented by Adams was impractical. The NICA’s judgment in Breslin & ors v. McKevitt & ors reinforced that individual interests within an unincorporated association could differ, failing the same interest test required for a representation order.

QOCS Protection Eligibility

For QOCS protection to apply, according to CPR 44.13(1)(a), proceedings must include a claim for damages in respect of personal injuries. The claim by the plaintiffs for a nominal award of £1 to serve vindicatory purposes created a unique scenario where the intent was not to seek compensation but validation of their legal rights.

Court’s interpretation of “damages… for personal injuries” was broad and policy-driven, influenced by the Jackson report on achieving fairness in legal costs for personal injury claimants.


The High Court, applying these legal principles, reached the following outcomes:

  1. The claim against the PIRA was struck out due to its status as an unincorporated association, rendering it unable to be sued.
  2. The claim against Mr. Adams in a representative capacity was also struck out because of the failure to meet the “same interest” requirement among alleged PIRA members and the conditional nature of his representative status on the litigation’s outcome.
  3. The claim was held to fall within the scope of QOCS protection insofar as it constituted a claim for damages for personal injuries, even though the damages sought were nominal and for vindicatory purposes.


The John Clark & Ors v Gerry Adams & Anor decision illuminates the court’s approach to handling claims against unincorporated associations and representative actions, reaffirming the need for clarity and a commonality of interests among represented parties. Furthermore, it highlights the courts’ interpretation of QOCS rules, confirming its broad application to include nominal damages for personal injury claims aimed at vindicating rights. This judgment provides clarity for future tort claims involving unincorporated associations and clarifies the protective reach of QOCS in personal injury litigation.

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