Jeffers v The Labour Party

An affiliated unincorporated association’s constitution governed the conduct of its executive elections. Where the executive committee had approved the election arrangements, the election was conducted in accordance with the constitutional requirement that the timetable be approved by the executive committee and the organisation committee of the party’s National Executive Committee.

Separately, the organisation committee was entitled to intervene where the association had ceased to function in accordance with its rules, including where factional division prevented agreement on a crucial election. A failure to send election papers to a member who was in arrears with membership fees did not invalidate the election process. The claim therefore failed.

The claimant, secretary of BAME Labour, brought proceedings on her own behalf and representatively for its members against the Labour Party. She alleged that the party had unlawfully interfered in BAME Labour’s affairs, particularly by fixing the timetable and membership freeze date for elections to the executive committee.

BAME Labour was an affiliated unincorporated association whose constitution required election timetables to be approved by its executive committee and the organisation committee of the Labour Party’s National Executive Committee. The parties disputed whether the BAME Labour executive had approved the arrangements at a meeting on 9 December 2010, whether the organisation committee could intervene under clause 4.16, and whether the claimant’s failure to receive election papers affected the validity of the process.

1. Claim dismissed. Judgment was given for the Labour Party.
2. The court found that, at the meeting on 9 December 2010, a majority of the BAME Labour executive committee approved the election arrangements proposed by the organisation committee on 26 October 2010. The arrangements therefore complied with clause 4.6 of the BAME Labour constitution, which required nomination papers to be sent in accordance with a timetable approved by the executive committee and the organisation committee of the National Executive Committee.
3. The meeting was quorate. Even if a quorum of six members was required, at least six members were present in the room or connected by telephone when the consensus approving the arrangements emerged.
4. Alternatively, the organisation committee was entitled to intervene under clause 4.16. The executive committee had become hopelessly factionalised and had ceased to function effectively. Clause 4.17 required BAME Labour and its executive to work closely with the National Executive Committee and party staff. In those circumstances, intervention to secure an election was appropriate.
5. The claimant had been in arrears with her membership fees. The constitution did not require election information and nomination papers to be sent to a person treated as a member but not paid up to date. In any event, the omission could not invalidate the election process.
6. The judge declined to determine every issue argued. In particular, it was unnecessary to decide the alleged collateral contractual arrangement or the claimant’s standing, because the findings concerning the 9 December meeting were determinative. The judge indicated that the standing objection was probably well founded.

First-instance decision. No prior appellate decision is stated in the judgment.