This long-disputed question finally has an answer, writes Jeremy Clarke-Williams
- Examines the legislation and case law that have affected the right of trade unions to sue for defamation, in particular relating to whether they are considered ‘quasi corporations’.
- Sets out the facts of Prospect v Evans, which gave welcome clarity on the matter, ruling that trade unions can indeed bring a claim.
Whether a trade union has the capacity to sue for the tort of defamation has been a matter of some uncertainty for many years. Until 1971, unions were treated as ‘quasi corporations’, and this was regarded by the courts as bestowing sufficient legal personality to sue for defamation.
However, in Electrical Electronic Telecommunication and Plumbing Union v Times Newspapers Ltd [1980] QB 585, [1980] 1 All ER 1097 (EETPU), the union’s libel action was dismissed when it was held that the provision in s 2(1) of the Trade Union and Labour Relations Act 1974 (TULRA 1974) which stipulated that: ‘A trade union… shall
